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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Agencies
February 11,2020

New Delhi, Feb 11: Delhi BJP chief Manoj Tiwari on Tuesday said the party will review why it failed to meet its own expectations in the Assembly polls and saw a moral victory in the fact that the party's vote share has increased since 2015.

"Delhi must have given mandate after careful thinking. Our vote percentage has increased from 32 per cent to around 38 per cent. Delhi did not reject us and the increase (in vote share) is a good sign for us," he told reporters.

He said the BJP hopes that there would be less blame game and more work in the national capital and congratulated Arvind Kejriwal on his party's victory in the polls.

After winning the Patparganj seat, AAP senior leader Manish Sisodia accused the BJP of indulging in the politics of hate.

"We indulge in politics of development not politics of hate. We're against the roadblock in Shaheen Bagh as we were earlier," he said.

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News Network
July 23,2020

New Delhi, Jul 23: A Delhi court Thursday allowed 198 Indonesians to walk free on payment of varying fines, after they accepted mild charges under the plea bargain process, related to various violations including visa norms while attending the Tablighi Jamaat event here during the COVID-19 lockdown.

Metropolitan Magistrate Vasundhara Azad allowed 100 Indonesians to walk free on payment of a fine of Rs 7,000 each, said advocates Ashima Mandla, Fahim Khan and Ahmed Khan, appearing for them.

Metropolitan Magistrate Swati Sharma allowed 98 Indonesians to walk free on payment of a fine of Rs 5,000 each.

The court directed the 98 Indonesians to deposit their fines to PM CARES Fund.

The Sub-divisional magistrate of Defence Colony, who was the complainant in the case, Assistant Commissioner of Police of Lajpat Nagar and Inspector of Nizamuddin said they have no objection to it.

However, one Indonesian did not plead guilty to the charges against them and claimed trial before the court.

Under plea bargaining, the accused plead guilty to the offence praying for a lesser punishment. The Criminal Procedure of Code allows for plea bargaining in cases where the maximum punishment is 7-year imprisonment; offences don''t affect the socio-economic conditions of the society and the offence is not committed against a woman or a child below 14 years.

The foreigners were chargesheeted for attending the religious congregation at Nizamuddin Markaz event in the national capital by allegedly violating visa conditions, indulging in missionary activities illegally and violating government guidelines, issued in the wake of Covid-19 outbreak in the country.

They were granted bail earlier by the court on a personal bond of Rs 10,000 each.

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News Network
January 13,2020

Jan 13: For the first time in years, the government of India’s Prime Minister Narendra Modi is playing defense. Protests have sprung up across the country against an amendment to India’s laws — which came into effect on Friday — that makes it easier for members of some religions to become citizens of India. The government claims this is simply an attempt to protect religious minorities in the Muslim-majority countries that border India; but protesters see it as the first step toward a formal repudiation of India’s constitutionally guaranteed secularism — and one that must be resisted.

Modi was re-elected prime minister last year with an enhanced majority; his hold over the country’s politics is absolute. The formal opposition is weak, discredited and disorganized. Yet, somehow, the anti-Citizenship Act protests have taken hold. No political party is behind them; they are generally arranged by student unions, neighborhood associations and the like.

Yet this aspect of their character is precisely what will worry Modi and his right-hand man, Home Minister Amit Shah. They know how to mock and delegitimize opposition parties with ruthless efficiency. Yet creating a narrative that paints large, flag-waving crowds as traitors is not quite that easy.

For that is how these protests look: large groups of young people, many carrying witty signs and the national flag. They meet and read the preamble to India’s Constitution, into which the promise of secularism was written in the 1970’s.

They carry photographs of the Constitution’s drafter, the Columbia University-trained economist and lawyer B. R. Ambedkar. These are not the mobs the government wanted. They hoped for angry Muslims rampaging through the streets of India’s cities, whom they could point to and say: “See? We must protect you from them.” But, in spite of sometimes brutal repression, the protests have largely been nonviolent.

One, in Shaheen Bagh in a Muslim-dominated sector of New Delhi, began simply as a set of local women in a square, armed with hot tea and blankets against the chill Delhi winter. It has now become the focal point of a very different sort of resistance than what the government expected. Nothing could cure the delusions of India’s Hindu middle class, trained to see India’s Muslims as dangerous threats, as effectively as a group of otherwise clearly apolitical women sipping sweet tea and sharing their fears and food with anyone who will listen.

Modi was re-elected less than a year ago; what could have changed in India since then? Not much, I suspect, in most places that voted for him and his party — particularly the vast rural hinterland of northern India. But urban India was also possibly never quite as content as electoral results suggested. India’s growth dipped below 5% in recent quarters; demand has crashed, and uncertainty about the future is widespread. Worse, the government’s response to the protests was clearly ill-judged. University campuses were attacked, in one case by the police and later by masked men almost certainly connected to the ruling party.

Protesters were harassed and detained with little cause. The courts seemed uninterested. And, slowly, anger began to grow on social media — not just on Twitter, but also on Instagram, previously the preserve of pretty bowls of salad. Instagram is the one social medium over which Modi’s party does not have a stranglehold; and it is where these protests, with their photogenic signs and flags, have found a natural home. As a result, people across urban India who would never previously have gone to a demonstration or a political rally have been slowly politicized.

India is, in fact, becoming more like a normal democracy. “Normal,” that is, for the 2020’s. Liberal democracies across the world are politically divided, often between more liberal urban centers and coasts, and angrier, “left-behind” hinterlands. Modi’s political secret was that he was that rare populist who could unite both the hopeful cities and the resentful countryside. Yet this once magic formula seems to have become ineffective. Five of India’s six largest cities are not ruled by Modi’s Bharatiya Janata Party in any case — the financial hub of Mumbai changed hands recently. The BJP has set its sights on winning state elections in Delhi in a few weeks. Which way the capital’s voters will go is uncertain. But that itself is revealing — last year, Modi swept all seven parliamentary seats in Delhi.

In the end, the Citizenship Amendment Act is now law, the BJP might manage to win Delhi, and the protests might die down as the days get unmanageably hot and state repression increases. But urban India has put Modi on notice. His days of being India’s unifier are over: From now on, like all the other populists, he will have to keep one eye on the streets of his country’s cities.

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