Plea For Minority Status For Hindus In Some States : Centre Requests Supreme Court To Defer Hearing As Responses Of Many States Are Awaited

The Central Government has filed an affidavit in the Supreme Court seeking more time in the plea seeking minority status for Hindus in States where they are numerically less in number.

The affidavit, filed on August 29, states that the Central Government has already held meetings with the State governments of Nagaland, Punjab, Meghalaya, Mizoram, Arunachal Pradesh, Himachal Pradesh, Haryana and Uttar Pradesh, along with the UTs of Jammu & Kashmir and Ladakh with inputs from the Ministry of Home Affairs, Department of Legal affairs of Ministry of Law and Justice, Department of Higher Education of Ministry of Education, National Commission for minorities and National Commission for minority educational institution.

As per the affidavit, the said stakeholders have requested for some time for wider consultations with other stakeholders before they form a considered opinion in the matter owing to the far-reaching implications of the issues involved. The affidavit further states that the State governments of Punjab, Mizoram, Meghalaya and the UR of Ladakh have already furnished their comments and views. However, the comments and views of the state government of Nagaland, Arunachal Pradesh and the UT of Jammu and Kashmir in the matter have not been received as of yet. It is also said that response is awaited from the States of Haryana, Uttar Pradesh and Himachal Prdaesh.  According to the affidavit, a reminder was sent to the states requesting them to furnish their comments. The ministry has also proposed to hold meetings in the ensuing weeks with the remaining states in order to have their views. Therefore they have requested for more time. 

In the last hearing on the matter, the Supreme Court had expressed disappointment at the Central Government changing its stances.

While the first affidavit filed by the Ministry of Minority Affairs on March 28 stated that it is for the concerned States to take a call on the matter, another affidavit filed in supersession of the first affidavit, stated that the Centre had the power to notify minorities but wider consultations were needed to finalize its position on the issue.

Taking note of the latest stand, the Court had directed the Centre on May 10 to place a status report on the consultation process with States within 3 months.

Case Title : Ashwini Kumar Upadhyay versus Union of India WRIT PETITION (C) NO. 836 OF 2020