Skip to main content

BJP leaders "pooh-poohed" minority status to Hindus in J&K 20 yrs ago, NDA govt "cold shouldered" recommendation

By Our Representative
In a significant revelation, a former chairman of the National Commission for Minorities (NCM) has said that a report, prepared under him, recommending to the NDA government under Atal Behari Vajpayee that Hindus be treated as minorities in non-Hindu majority states of India was “pooh-poohed” by BJP leaders and “cold shouldered” by the government.
According to former NCM chairman Tahir Mahmood, who was also member of the Law Commission of India, this happened “two decades” ago, when he “personally prepared a special report titled ‘Hindu Minorities in India’, written after visiting the states concerned and hearing local leaders.”
“My report, recommending state-level minority status for Hindus in Jammu & Kashmir, Lakshadweep, Meghalaya, Mizoram, Nagaland and Punjab, was endorsed by the Commission and submitted to the central government, then led by the BJP”, Mahmood says in an article, adding though, it was rejected.
Mahmood’s stark revelation comes amidst a petition filed in the Supreme Court seeking to recognize Hindus as a religious minority in certain states, but says Mahmood, “If the petitioner’s idea has his party’s support it is intriguing.”
There are two petitions on the issue. One of them, filed by Ankur Sharma, a Jammu lawyer, came up for hearing the Supreme Court this month, insisting on the need to set up minorities commission in J&K, because, according to him, Hindus, Sikhs, Buddhists and Christians were “unable” to access benefits meant for minorities in the state, where 68.3% of the population is Muslim.
Sharma’s plea came after a BJP lawyer-leader Ashwani Kumar Upadhyay, petitioned the apex court to direct the Government of India to confer minority status on Hindus in seven states, including J&K, and a Union Territory.
On the advice of a bench headed by Justice Ranjan Gogoi, Upadhyay withdrew his petition and has now approached the National Commission for Minorities, which is said to be considering the matter.
According to Sharma, in J&K, in the absence of a minorities commission, “crores worth aid are being given away to a certain community, which is the majority Muslim community, in an illegal and arbitrary manner”.
Says Mahmood, the apex court said, since J&K does not fall within the purview of the National Commission for Minorities Act, 1992, a state minorities commission can only be set up "through legislation by the state assembly or an administrative order by the state government."
He notes, in the Constitution, Article 29 proclaims that “any section of citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have a right to conserve the same”.
He adds, "Article 30 recognises the right of a religious or linguistic minority to establish and administer educational institutions."
"Read together, the two provisions may be taken as the constitutional charter for religious and linguistic minorities at all levels", he underlines, adding, however, "The Constitution does not specify a mechanism for identifying groups of citizens covered by either of these provisions."
According to Mahmood, "The National Commission for Minorities Act, 1992, confined in application to religious minorities, does not list them either; it only states that for the purposes of the Act the word 'minorities' means communities 'notified as such' by the central government."
Based on this, he says, a notification "issued under this provision in 1993 proclaimed Muslims, Christians, Buddhists, Sikhs and Parsis as minorities".
Mahmood adds, "The Jains protested against their exclusion and, on taking over as the Commission’s chairman, I took the position that since the Constitution and the laws bracket Jains with Buddhists and Sikhs, the government had two options: either drop Buddhists and Sikhs from the list or to extend it to Jains."
Fifteen years later, the government went for the second option – on the persistent demand of some Jain leaders, the 1993 notification was modified to include their community among the minorities.

Comments

TRENDING

Gujarat's high profile GIFT city 'fails to attract' funds, India's FinTech investment dips

By Rajiv Shah  While the Narendra Modi government may have gone out of the way to promote the Gujarat International Finance Tec-City (GIFT City), sought to be developed as India’s formidable financial technology hub off the state capital Gandhinagar, just 20 km from Ahmedabad, a recent report , prepared by Tracxn Technologies suggests that neither of the two cities figure in the list of top FinTech funding receiving centres.

Why Ramdev, vaccine producing pharma companies and government are all at fault

By Colin Gonsalves*  It was perhaps Ramdev’s closeness to government which made him over-confident. According to reports he promoted a cure for Covid, thus directly contravening various provisions of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Persons convicted of such offences may not get away with a mere apology and would suffer imprisonment.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Malayalam movie Aadujeevitham: Unrealistic, disservice to pastoralists

By Rosamma Thomas*  The Malayalam movie 'Aadujeevitham' (Goat Life), currently screening in movie theatres in Kerala, has received positive reviews and was featured also on the website of the British Broadcasting Corporation. The story is based on a 2008 novel by Benyamin, and relates the real-life story of a job-seeker from Kerala tricked into working in slave conditions in a goat farm in Saudi Arabia.

Decade long Modi rule 'undermines' people's welfare and democracy

By Ram Puniyani*  Modi has many ploys up his sleeves when it comes to propaganda. On one hand he is turning many a pronouncements of Congress in the communal direction, on the other he is claiming that whatever has been achieved during last ten years of his rule is phenomenal, but it is still a ‘trailer’ and the bigger things are in the offing as he claims to be coming to power yet again in 2024. While his admirers are ga ga about his achievements, the truth lies somewhere else.

Belgian report alleges MNC Etex responsible for asbestos pollution in Madhya Pradesh town Kymore: COP's Geneva meet

By Our Representative A comprehensive Belgian report has held MNC Etex , into construction business and one of the richest, responsible for asbestos pollution in Kymore, an industrial town in in Katni district of Madhya Pradesh. The report provides evidence from the ground on how Kymore’s dust even today is “annoying… it creeps into your clothes, you have to cough it”, saying “It can be deadly.”

Plagued by opportunism, adventurism, tailism, Left 'doesn't matter' in India

By Harsh Thakor*  2024 elections are starting when India appears to be on the verge of turning proto-fascist. The Hindutva saffron brigade has penetrated in every sphere of Indian life, every social order, destroying and undermining the very fabric of the Constitution.

Can universal basic income help usher in sustainable egalitarianism in India?

By Prof RR Prasad*  The ongoing debate on application of Article 39(b) in the Supreme Court on redistribution of community material resources to subserve common good and for ushering in an egalitarian society has opened new vistas wherein possible available alternative solutions could be explored.

Press freedom? 28 journalists killed since 2014, nine currently in jail

By Kirity Roy*  On the eve of the Press Freedom Day on 3rd of May, the Banglar Manabadhikar Suraksha Mancha (MASUM) shared its anxiety with the broader civil society platforms as the situation of freedom of any form of expression became grimmer in India day by day. This day was intended to raise awareness on the importance of freedom of press and to pay tribute to pressmen who lost their lives in the line of duty.

Ahmedabad's Muslim ghetto voters 'denied' right to exercise franchise?

By Tanushree Gangopadhyay*  Sections of Gujarat Muslims, with a population of 10 per cent of the State, have been allegedly denied their rights to exercise their franchise in the Juhapura area of Ahmedabad.