SC dismisses BJP leader’s PIL challenging minority status of Muslims, 4 other communities

News Network
December 17, 2019

New Delhi, Dec 17: 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.

A bench headed by Chief Justice S A 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.

During the brief hearing, the bench asked senior advocate Mohan Parasaran, appearing for Upadhyay, to show the judgments where it has been held that state-wise population can be considered for granting minority status.

It asked as to how there can be guidelines to decide this and observed, "I don't think we should entertain this".

The bench said languages have been used to create states and it is not the case with religion and hence minority status cannot be granted to a community based on state-wise population.

In his petition, the BJP leader had said Hindus, who are a majority community as per national data, are a minority in several northeastern states and in Jammu and Kashmir.

However, the Hindu community is deprived of benefits which are available to minority communities in these states, the plea had said.

Comments

abdullah
 - 
Wednesday, 18 Dec 2019

BJP leader Ashwini Kumar is misleading the SC and wasting its valuable time.   This trouble maker should be fined for this.   He is not respecting Indian constitution and minorities (other religions).  

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 22,2020

New Delhi, Jun 22: Defence Minister Rajnath Singh on Monday left for a three-day visit to Russia. Singh is likely to discuss the India-Russia defence and strategic partnership during the visit and also attend a military parade in Moscow to mark the 75th anniversary of the Soviet victory over Nazi Germany in the Second World War.

The visit comes days after the violent face-off with China in which 20 Indian Armymen were killed in Galwan valley in Ladakh.

"Leaving for Moscow on a three day visit. The visit to Russia will give me an opportunity to hold talks on ways to further deepen the India-Russia defence and strategic partnership. I shall also be attending the 75th Victory Day Parade in Moscow," the Defence Minister tweeted.

Defence Secretary Ajay Kumar is also accompanying the minister.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com web desk
June 16,2020

New Delhi, Jun 16: Despite Prime Minister Narendra Modi led government’s attempt to downplay the border dispute with China, matters have heated up unprecedentedly along the Line of Actual Control (LAC)- the effective Sino-India border in Eastern Ladakh. 

The country has lost three precious lives – an army officer and two soldiers. The last time blood was spilled on the LAC, before the latest episode, was 45 years ago when the Chinese ambushed an Assam Rifles patrol in Tulung La.

India had lost four soldiers on October 20, 1975 in Tulung La, the last time bullets were fired on the India-China border though both the countries witnessed bitter stand-offs later at Sumdorong Chu valley in 1987, Depsang in 2013, Chumar in 2014 and Doklam in 2017.

Between 1962 and 1975, the biggest clash between India and China took place in Nathu La pass in 1967 when reports suggest that around 80 Indian soldiers were killed and many more Chinese personnel.

While three soldiers, including a Commanding Officer, were killed in the latest episode in Galwan Valley, the government describes it as a "violent clash" and does not mention opening fire.

New Delhi described the locality where the 1975 incident took place as "well within" its territory only to be rebuffed by Beijing as "sheer reversal of black and white and confusion of right and wrong".

The Ministry of External Affairs had then said that the Chinese had crossed the LAC and ambushed the soldiers while Beijing claimed the Indians entered their territory and did not return despite warnings.

The Indian government maintained that the ambush on the Assam Rifles' patrol in 1975 took place "500 metres south of Tulung" on the border between India and Tibet and "therefore in Indian territory". It said Chinese soldiers "penetrating" Indian territory implied a "change in China's position" on the border question but the Chinese denied this and blamed India for the incident.

The US diplomatic cables quoted an Indian military intelligence officer saying that the Chinese had erected stone walls on the Indian side of Tulung La and from these positions fired several hundred rounds at the Indian patrol.

"Four of the Indians had gone into a leading position while two (the ones who escaped) remained behind. The senior military intelligence officer emphasised that the soldiers on the Indian patrol were from the area and had patrolled that same region many times before," the cable said.

One of the US cables showed that former US Secretary of State and National Security Adviser Henry Kissinger sought details of the October 1975 clash "without approaching the host governments on actual location of October 20 incident". He also wanted to know what ground rules were followed regarding the proximity of LAC by border patrols.

A cable sent from the US mission in India on November 4, 1975 appeared to have doubts about the Chinese account saying it was "highly defensive".

"Given the unsettled situation on the sub-continent, particularly in Bangladesh, both Chinese and Indian authorities have authorised stepped up patrols along the disputed border. The clash may well have ensued when two such patrols unexpectedly encountered each other," it said.

Another cable from China on the same day quoted another October 1974 cable, which spoke about Chinese officials being concerned for long that "some hotheaded person on the PRC (People's Republic of China) might provoke an incident that could lead to renewed Sino-Indian hostilities. It went on to say that this clash suggested that "such concerns and apprehensions are not unwarranted".

According to the United States diplomatic cables, Chinese Foreign Ministry on November 3, 1975 disputed the statement of the MEA spokesperson, who said the incident took place inside Indian territory.

The Chinese had said "sheer reversal of black and white and confusion of right and wrong". In its version of the 1975 incident, they said Indian troops crossed the LAC at 1:30 PM at Tulung Pass on the Eastern Sector and "intruded" into their territory when personnel at the Civilian Checkpost at Chuna in Tibet warned them to withdraw.

Ignoring this, they claimed, Indian soldiers made "continual provocation and even opened fire at the Chinese civilian checkpost personnel, posing a grave threat to the life of the latter. The Chinese civilian checkpost personnel were obliged to fire back in self defence."

The Chinese Foreign Ministry spokesperson had also said they told the Indian side that they could collect the bodies "anytime" and on October 28, collected the bodies, weapons and ammunition and "signed a receipt".

The US cables from the then USSR suggested that the official media carried reports from Delhi on the October 1975 incident and they cited only Indian accounts of the incident "ridiculing alleged Chinese claims that the Indians crossed the line and opened fire first".

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
June 28,2020

New Delhi, Jun 28: Home Minister Amit Shah on Sunday targeted former Congress President Rahul Gandhi, saying he was indulging in "shallow-minded" politics and making statements that make Pakistan and China happy when soldiers are fighting a spirited battle.

Shah said the government is ready for a discussion in Parliament about the situation from 1962 (when India-China war took place) and it is sad that a former president of a party making statements, which are being celebrated in Pakistan and China.

The Home Minister's comments came during an interview with ANI when he was asked about Rahul's "Surrender (Prime Minister Narendra) Modi" remarks while criticising the BJP-led government on India-China border row.

Rahul has been consistent in his criticism of the government on the handling of both Covid-19 situation and India-China border row, which escalated into a "violent face-off" earlier this month in which 20 Indian soldiers were killed.

"Let there be a robust debate in Parliament. Let us have one. Let us discuss from 1962. Nobody is scared of debate. But one should not make a statement that makes Pakistan and China happy when the soldiers are fighting a spirited battle and the government is taking strong steps," he said.

Asked whether India can handle the anti-India propaganda unleashed by Rahul's 'Surrender Modi' hashtag, he said the government is capable of handling it but it is a matter of introspection for the former Congress president and his party that their remarks are being used against the country.

Modi's remarks at an all-party meeting that no one has intruded into Indian territory triggered a controversy with a section arguing that it went against the previous statement of External Affairs Minister S Jaishankar.

Claiming that he could not advise Rahul as it is Congress' job to do so, he said the government has fought Covid-19 well but some people have a twisted way of seeing things. He said India fought well against Covid-19 and the statistics will speak for itself as it is much better compared to the world.

Shah said under Modi's leadership, India is going to win both the battles -- Covid-19 and India-China border row.

The Home Minister also refused to be drawn into a question on whether Chinese soldiers are holding on to Indian territory on the border at present, saying the government is doing enough to address border row with China.

"I don't want to do anything that goes against my primary aim of this interview (to highlight the steps taken to fight Covid-19 pandemic in Delhi) and create headlines that keep citizens further in fear," Shah said.

When pointed out that people are also in panic due to the border situation, he said the government has taken steps to address the situation and at an appropriate time he would make comments, if needed.

Asked about his tweets on Emergency, which was targeted by Congress asking whether there is democracy in the BJP, he countered it saying that BJP has presidents L K Advani followed by Rajnath Singh, Nitin Gadkari, Rajnath again, himself and now J P Nadda.

"After Indira-ji, was there any Congress President from outside Gandhi family? What democracy do they talk about? I did not do any politics during Covid-19. You look at my tweets of the past 10 years. Every June 25, I give a statement," he said.

"Emergency should be remembered by people as it attacked the roots of our democracy. No one should ever forget it. There should be awareness about it. It is not about a party but about the attack on the country's democracy," he said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.