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).  

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News Network
April 8,2020

New Delhi, Apr 8: The Supreme Court on Wednesday suggested that all tests to identify coronavirus positive patients should be conducted free of cost and asked the Central government to look into creating a mechanism for providing reimbursement for the same.

A bench headed by Justice Ashok Bhushan, while hearing a PIL via video-conferencing, suggested that the test should be conducted free of cost in the identified private laboratories and said that the court will pass appropriate order on the matter.

The apex court was hearing a PIL filed by lawyer and petitioner Shashank Deo Sudhi seeking direction to the Centre and other respective authorities to provide free of cost the testing facility for COVID-19 to all citizens in the country.

Solicitor General Tushar Mehta submitted that 118 laboratories were doing 15,000 test capacity per day and added that 47 private laboratory chains have also been involved for the same.

During the hearing, the court asked the Centre to ensure private labs don't charge a high amount for the test and suggested that the government can create an effective mechanism for reimbursement from the government for tests.

Mehta said that they will look into the suggestion and will try to devise what can be done best.

Sudhi, on the other hand, submitted that testing of coronavirus is very expensive and therefore the Central government should take all necessary steps to provide free of cost the testing facility for COVID-19 kits and others to all citizens in the country.

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News Network
May 20,2020

United Nations, May 20: Highlighting India's long-standing history of promoting inclusive and peaceful societies, a top UN official on Tuesday voiced concern over incidents of "increased hate speech and discrimination" against minority communities in the country following the adoption of the Citizenship Amendment Act.

Under-Secretary-General and UN Special Adviser on the Prevention of Genocide Adama Dieng, however, welcomed Prime Minister Narendra Modi’s call for unity and brotherhood in the wake of the COVID19 pandemic.

Dieng said in a note to the media on Tuesday that he is "concerned over reports of increased hate speech and discrimination against minority communities in India" since the adoption of the Citizenship Amendment Act (CAA) in December 2019.

The Indian government has maintained that the CAA is an internal matter of the country and stressed that the goal is to protect the oppressed minorities of neighbouring countries.

The CAA, which was notified on January 10, grants Indian citizenship to non-Muslim minorities migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.

"While the objective of the act, to provide protection to minority communities is commendable, it is concerning that this protection is not extended to all groups, including Muslims. This is contrary to India’s obligations under international human rights law, in particular on non-discrimination,” Dieng said.

The Special Adviser recognised "India’s long standing and well recognised history of promoting inclusive and peaceful societies, with respect for equality and principles of non-discrimination.”

He also welcomed recent statements by Prime Minister Modi that the COVID-19 pandemic “does not see race, religion, colour, caste, creed, language or border before striking and that our response and conduct...should attach primacy to unity and brotherhood.”

Dieng encouraged the Government of India to "continue to abide by this guidance by ensuring that national laws and policies follow international standards related to non-discrimination and to address and counter the rise of hate speech through messages of inclusion, respect for diversity and unity.”

He further reiterated that he would continue to follow developments and expressed his readiness to support initiatives to counter and address hate speech.

The hate speech and the dehumanisation of others goes against international human rights norms and values, he added.

“In these extraordinary times brought about by the COVID-19 crisis it is more important than ever that we stand united as one humanity, demonstrating unity and solidarity rather than division and hate,” he said.

Dieng also expressed concern over reports of violence during demonstrations against CAA in some regions of India.

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Agencies
February 23,2020

Motera, Feb 23: A day before US President Donald Trump's visit to Ahmedabad, a makeshift VVIP entry gate erected outside the newly-built cricket stadium in Motera area here collapsed due to gusty winds on Sunday morning, an official said.

The entire incident was recorded by a bystander and aired on local television channels.

The makeshift entry gate was made of welded steel rods and covered in flex banners.

After some time, a portion of another makeshift gate structure at the stadium's main entrance also collapsed due to the windy weather, another official said.

No one was injured in both the incidents and work was underway to put the structures back in place, he said.

"The (VVIP) entry gate collapsed when fabrication work was going on. It was not a major incident. No one was injured in the incident," said Special Commissioner of Police, Crime Branch, Ajay Tomar said.

President Trump and Prime Minister Narendra Modi will participate in a roadshow here on Monday and later address the 'Namaste Trump' event at the Sardar Patel Stadium in Motera area where over one lakh people are expected to be present.

The stadium has already received 'Building Use' permission from the Ahmedabad Municipal Corporation, an official earlier said.

It is the world's largest stadium with a capacity to accommodate 1.10 lakh spectators.

The stadium has been rebuilt after demolishing the old one which had a seating capacity of 49,000 spectators.

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