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Minority benefits for Hindus: SC junks plea
The Supreme Court on Tuesday dismissed a petition challenging the validity of the Centre’s 26-year-old notification according minority status to five communities -- Muslims, Christians, Sikhs, Buddhists and Parsis, saying religion must be considered pan-India.
New Delhi
A bench headed by Chief Justice SA Bobde refused to entertain the PIL filed by BJP leader and lawyer Ashwini Kumar Upadhyay seeking laying of guidelines to accord minority status based on state-wise population of a community.
“Religion must be considered pan-India. What is the problem if Muslims are majority in Kashmir and minority elsewhere in the country,” the bench which also comprised Justice B R Gavai and Surya Kant said while dismissing the PIL.
Upadhyay, in his PIL, had sought framing of guidelines to grant minority status to a religious community based on their population in a particular state and claimed that Hindus which are in minority in eight states, are deprived of minority benefits.
“Languages are restricted state wise. Religions don’t have state borders. We have to take a pan India approach. In Lakshadweep, the Muslims follow the Hindu law,” the bench said.
It took note of submissions of Attorney General K K Venugopal, who was asked to assist the court, that there have been judgments of the apex court which say that minority can be decided based on all India population of a religious group.
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