08-27-2005, 02:34 AM
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Through a August 05 judgment, the Supreme Court held that Jains are not
a minority. Interestingly a Economic Times editorial criticised the
Supreme Court for its judgment!
Judgment Highlights
a.. According to a 11 judges bench speaking through CJ Kripal "for
the State Government to decide as to whether the Jain community should be
treated as a minority community in their respective states after taking
into account their circumstances/conditions in that state". It is also
informed that the State Governments of Chhatisgarh, Maharashtra, Madhya
Pradesh, Uttar Pradesh and Uttaranchal have already notified Jains as
'minority' in accordance with the provisions of the respective State
Minority Commissions Act.
b.. The expression 'minority' has been used in Articles 29 and 30 of
the Constitution but it has nowhere been defined. Minority as
understood from constitutional scheme signifies an identifiable group of people
or community who were seen as deserving protection from likely
deprivation of their religious, cultural and educational rights by other
communities who happen to be in majority and likely to gain political power
in a democratic form of Government based on election.
c.. The National Minorities Commission does not have the power to
define who is a Minority.
d.. After the verdict in the eleven judges' Bench in TMA Pai
Foundation case (supra), the legal position stands clarified that henceforth
the unit for determining status of both linguistic and religious
minorities would be 'state'.
e.. The so-called minority communities like Sikhs and Jains were not
treated as national minorities at the time of framing the Constitution
unlike Muslims, Christians. Sikhs and Jains, in fact, have throughout
been treated as part of the wider Hindu community, which has different
sects, sub-sects, faiths, modes of worship and religious philosophies.
f.. The word 'Hindu' conveys the image of diverse groups of
communities living in India Thus, 'Hinduism' can be called a general religion
and common faith of India whereas 'Jainism' is a special religion formed
on the basis of quintessence of Hindu religion.
g.. Commissions set up for minorities have to direct their activities
to maintain integrity and unity of India by gradually eliminating the
minority and majority classes.
h.. In a caste-ridden Indian society, no section or distinct group of
people can claim to be in majority. All are minorities amongst Hindus.
i.. Our concept of secularism, to put it in a nutshell, is that
'state' will have no religion. The states will treat all religions and
religious groups equally and with equal respect without in any manner
interfering with their individual rights of religion, faith and worship.
Disagree. Then why must State governments control Hindu temples? Why
must temple contributions become part of the State Treasury? Why must not
Hindus get subsidy for going to Char Dham / Kailash Mansrovar like
Muslims, ie if all religions are equal?Â
Minority or not and constitutional benefits thereon has become a victim
of vote bank politics. The Akali Dal government of Parkash Singh Badal
declared Sikhs to be a minority in Punjab although Sikhs are a majority
in that state and have a fellow Sikh as Chief Minister. Since the
Supreme Court has held 'State' to be the unit for deciding whether a
community is a Minority or not, wonder whether Hindus have been declared a
Minority in the states of Jammu & Kashmir, Mizoram, Nagaland, Punjab and
so on
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Through a August 05 judgment, the Supreme Court held that Jains are not
a minority. Interestingly a Economic Times editorial criticised the
Supreme Court for its judgment!
Judgment Highlights
a.. According to a 11 judges bench speaking through CJ Kripal "for
the State Government to decide as to whether the Jain community should be
treated as a minority community in their respective states after taking
into account their circumstances/conditions in that state". It is also
informed that the State Governments of Chhatisgarh, Maharashtra, Madhya
Pradesh, Uttar Pradesh and Uttaranchal have already notified Jains as
'minority' in accordance with the provisions of the respective State
Minority Commissions Act.
b.. The expression 'minority' has been used in Articles 29 and 30 of
the Constitution but it has nowhere been defined. Minority as
understood from constitutional scheme signifies an identifiable group of people
or community who were seen as deserving protection from likely
deprivation of their religious, cultural and educational rights by other
communities who happen to be in majority and likely to gain political power
in a democratic form of Government based on election.
c.. The National Minorities Commission does not have the power to
define who is a Minority.
d.. After the verdict in the eleven judges' Bench in TMA Pai
Foundation case (supra), the legal position stands clarified that henceforth
the unit for determining status of both linguistic and religious
minorities would be 'state'.
e.. The so-called minority communities like Sikhs and Jains were not
treated as national minorities at the time of framing the Constitution
unlike Muslims, Christians. Sikhs and Jains, in fact, have throughout
been treated as part of the wider Hindu community, which has different
sects, sub-sects, faiths, modes of worship and religious philosophies.
f.. The word 'Hindu' conveys the image of diverse groups of
communities living in India Thus, 'Hinduism' can be called a general religion
and common faith of India whereas 'Jainism' is a special religion formed
on the basis of quintessence of Hindu religion.
g.. Commissions set up for minorities have to direct their activities
to maintain integrity and unity of India by gradually eliminating the
minority and majority classes.
h.. In a caste-ridden Indian society, no section or distinct group of
people can claim to be in majority. All are minorities amongst Hindus.
i.. Our concept of secularism, to put it in a nutshell, is that
'state' will have no religion. The states will treat all religions and
religious groups equally and with equal respect without in any manner
interfering with their individual rights of religion, faith and worship.
Disagree. Then why must State governments control Hindu temples? Why
must temple contributions become part of the State Treasury? Why must not
Hindus get subsidy for going to Char Dham / Kailash Mansrovar like
Muslims, ie if all religions are equal?Â
Minority or not and constitutional benefits thereon has become a victim
of vote bank politics. The Akali Dal government of Parkash Singh Badal
declared Sikhs to be a minority in Punjab although Sikhs are a majority
in that state and have a fellow Sikh as Chief Minister. Since the
Supreme Court has held 'State' to be the unit for deciding whether a
community is a Minority or not, wonder whether Hindus have been declared a
Minority in the states of Jammu & Kashmir, Mizoram, Nagaland, Punjab and
so on
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