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.

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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).  

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News Network
March 3,2020

Chennai, Mar 3: The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child.

"As per existing rules, a woman can avail such benefits only for her first two deliveries. Even otherwise it is debatable as to whether the delivery is not a second delivery but a third one, in as much as ordinarily when twins are born they are delivered one after another, and their age and their inter-se elderly status is also determined by virtue of the gap of time between their arrivals, which amounts to two deliveries and not one simultaneous act," the court said.

The first bench, comprising Chief Justice A P Sahi and Justice Subramonium Prasad stated this while allowing the appeal from Ministry of Home Affairs.

It set aside the order June 18 2019 order of a single Judge, who extended 180 days of maternity leave and other benefits to a woman member of the Central Industrial Security Force (CISF) under the rules governing the Tamil Nadu government servants.

The issue pertains to an appeal moved by the ministry, which contended that the leave claim is by a member of CISF to whom the maternity rules of Tamil Nadu would not apply.

She would be covered by the maternity benefits as provided under the Central Civil Services (Leave) Rules, the ministry said.

When the appeal came up for hearing, the bench said it found that a second delivery, which, in the present case, resulted in a third child, cannot be interpreted so as to add to the mathematical precision that is defined in the rules.

The admissibility of benefits would be limited if the claimant has not more than two children, the bench said "This fact therefore changes the entire nature of the relief which is sought for by the woman petitioner, which aspect has been completely overlooked by the single judge", the bench said.

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News Network
January 6,2020

Jammu, Jan 6: Union Minister Jitendra Singh on Sunday said India is the only shelter for religiously persecuted Hindus, Sikhs and other minorities who come from Pakistan, Bangladesh or Afghanistan, for the safety of their life and honour.

"India owes responsibility towards the minorities living in these countries which proclaim Islam as their state religion," Singh said here while launching the BJP's countrywide 10-day mass contact drive to spread awareness about the Citizenship Amendment Act (CAA).

Accompanied by senior party colleagues, including former deputy chief minister Kavinder Gupta and former minister Sat Sharma, he began by visiting the house of veteran columnist, writer and Padmashri awardee K L Pandita, where he spent time with them discussing the Act.

Later, he visited prominent social activist Amjad Mirza, eminent Sikh religious leader Baba Swaranjit Singh, retired High Court judge Justice G D Sharma, veteran journalist and former bureau head of Hind Samachar group Gopal Sachar, retired principal of Jammu government medical college Subhash Gupta, social activist and president of Peoples' Forum Ramesh Sabharwal, among others.

During his interaction with them, the Minister of State in the Prime Minister's Office claimed that Congress leaders and their allies protesting against the Act are doing so without "conviction".

He opined that if a "survey" was conducted among the family members of these Congress leaders, then, even they would not support their "anti-CAA stand".

"The tragedy of Congress party and contemporary leaders of Congress is that either they do not read their own history or are blissfully ignorant of the statements made by their own party patriarchs and former prime ministers," he said.

The minister recalled that the Nehru-Liaquat Pact of 1950 was inspired by the realisation on the part of the then Congress government headed by prime minister Jawaharlal Nehru that minorities, particularly Hindus, were not getting a fair deal in Pakistan.

"In 1949, Nehru had written a letter expressing concern about people coming in from then East Pakistan, which is now Bangladesh, and while doing so, he had referred to Hindus coming from there as 'refugees' and Muslims arriving here as 'immigrants'," Singh said.

Further, Nehru had stated that India owed a "responsibility" to these refugees, the minister said.

Referring to the opposition of senior Congress leaders Rahul Gandhi and Priyanka Gandhi to the amended legislation, the minister said someone should show them records of proceedings of the winter session of Parliament in 1950 when their great-grandfather (Nehru) had himself said that they deserved to be given citizenship and if the law was inadequate for it, then, the law should be changed.

"PM Modi should actually be given credit for showing courage and conviction to carry forward the task, which the Congress government lacked, to accomplish this," the minister opined.

Singh reiterated that a false fear psychosis against Muslims is being sought to be manufactured when there is no place as safe and comfortable to live for the community as India.

Turning the tables on the opposition to the National Population Register(NPR) and proposed National Register of Citizens (NRC), Singh pointed out that PM Modi and Union Home Minister Amit Shah have been stating that the exercise on NRC is yet to begin.

He also said that it was then Union home minister P Chidambaram, who had stated in Parliament in 2010 that NPR could be a basis for NRC.

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News Network
January 24,2020

Davos, Jan 24: Pakistan Prime Minister Imran Khan claimed that he met with a “brick wall” when he approached Indian Prime Minister Narendra Modi with a peace proposal, soon after assuming office.

In an interview to Foreign Policy magazine on the sidelines of WEF 2020 here, Khan also said he told Modi that Pakistan will act firmly if it was given evidence of any involvement in the Pulwama terror attack, but India instead “bombed” Pakistan.

Tensions have escalated between the two countries, following India withdrawing the special status of Jammu and Kashmir in August 2019. Even since, Khan has been trying to seek global intervention to de-escalate the tensions between the two countries.

On Thursday, India's External Affairs Ministry spokesperson Raveesh Kumar categorically ruled out any third party role on the Kashmir issue, asserting that any issue between the two countries should be resolved bilaterally.

In the interview, Khan said that he is a firm believer that military means are not a solution to ending conflicts. “After assuming office, I immediately reached out to Prime Minister Modi. I was amazed by the reaction I got, which was quite weird.

The subcontinent hosts the greatest number of poor people in the world, and the best way to fight poverty is to have a trading relationship between the two countries rather than spending money on arms. This is what I said to the Indian Prime Minister. But I was met by brick wall,” Khan said.

Khan took charge as Prime Minister in August 2018. Referring to the suicide attack in Pulwama, Khan said he immediately told Modi ,“if you can give us any actionable intelligence (that Pakistanis were involved), we will act on it. But rather than do so, they bombed us.”

Noting that the both countries are not close to conflict right now, Khan said that it is important that the UN and the US act.

When asked about US President Donald Trump’s close relationship with Modi, Khan said the relationship is understandable because India is a huge market. “My concern is not about the US-India relationship. My concern is the direction in which India is going,” Khan said.

Khan also sought to compare the events in India to what happened in Nazi Germany.

“Between 1930 and 1934, Germany went from a liberal democracy to a fascist, totalitarian, racist state. If you look at what is happening in India under the BJP in the last five years, look where it's heading, you'll see the danger. And you're talking about a huge country of 1.3 billion people that is nuclear-armed,” he said.

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