Supreme Court filed a plea seeking a transfer of all pending petition before various High Court challenging the validity of the sentence 26-year-old notification declaring 5 communities Muslim, Christian, Sikh, Buddhist, Parsi and minorities.
This plea is filed by BJP leader and advocate Ashwini Kumar Upadhyay who has just for a transfer of the cases pending in the Delhi High Court, Meghalaya High Court, Guwahati High Court which have challenged the constitutional validity section 2 (c) of the National Commission for minorities act and 1992 under which the notice notification was issued on 23rd October 1993.
According to Ashwani Kumar Dubey, he said that “In order to avoid multiplicity of litigation and conflicting views the plea has been removed before the apex court “.
The plea said that “denial of the minority rights to real minorities irrational disbursement of minority benefits the majority is open upon the fundamental right to the prohibition of discrimination on the grounds of religion, race caste ,sex, place of birth”.
In This petition, the petitioner is Hindus who are a majority community according to National data are a minority in several north-eastern states and in Jammu and Kashmir The Hindu community is deprived of benefits that are available to the minority communities in the state the plea said that National Commission of minority and (NCM) should recognise the definition of the minority in this context.
The plea has sought to declare section 2(c) of the NCM act 1992. Inoperative of being arbitrary and reasonable and offending the definition of minority according to article 29 -30 of the Constitution has left leak it is in the hands of the state which shall be misused and a being for the political benefits the petition said the minority status be granted to Hindus in the state where the number of communities is decreased and clearly has taught the minority status for Hindus in six states and two union territories with the number of community members have fallen according to the 2011 census.
According to the petition, it said that ,2011 census Hindus are a minority of 68 Mizoram with 2.75%, Nagaland with 8.75%, meghalaya with 11.5 ,to the same Arunachal Pradesh with 29%, and Manipur with 30 1.9% ,and Punjab with 30 8.40%, in the union territories of the Jammu and Kashmir with 28.4 ,percent and Lakshadweep with 2.5% .minority rights are being safe on illegally are able rarely to the majority people because neither the centre not the state government have notified Hindus a minority and the National Commission for minorities act and Hindus are being deprived of the basic rights ,sikhs are in majority in Punjab and there is a significant Sikh population in Delhi, Chandigarh, as well as Haryana but they treated as a minority community it has also pointed out that Christians are majority in Mizoram, Meghalaya ,and Nagaland and there is a significant Christian population in Arunachal Pradesh, Goa ,Kerala, Manipur ,Tamilnadu, West Bengal but they are treated as a minority community majority in Lakshadweep with 96.2 0% ,Jammu and Kashmir with 60 8.30%, and the significant representation of the community in Assam with 34.20 percent. West Bengal with 2.7 27.5%, Uttar Pradesh with 19.30% and Bihar with 18%. transfer
According to the petition, it said that “They are enjoying the minority status in the community as real minorities and not getting their legitimate basic rights guaranteed under article 14 15 19 and 21 of the constitution”.