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
January 28,2020

Panaji, Jan 28: Bureaucrat-turned-activist Kannan Gopinathan on Tuesday said even some "RSS people" are convinced the Citizenship Amendment Act is a bad law but are keeping quiet as the NDA government at the Centre is their own baby.

Speaking in Panaji, he further said the Narendra Modi government was behaving like a "drunken teenager" which needs to be questioned or else it will end up destroying homes.

"I was detained twice in UP, kept the whole day, because they (government) do not want the questioning (of CAA). I have met so many RSS people, they also understand this...if you have this conversation, they also understand the government has done something (wrong) and they have been asked to support it," he claimed.

He said the line of thought among these RSS people (he met) was "just support it (CAA)" as they don't want an altercation because the "government is their baby".

"He (government) is not a normal baby, he is a drunken teenager. He should be asked questions because when he starts destroying, he does not destroy somebody else's home but your own home," Gopinathan said.

He also hit out at those who have been claiming that the people protesting against the CAA are unaware about the law and have not even read it.

Gopinathan claimed if one had asked supportive MPs about the CAA on the day it was passed in Parliament, several of them would not have been able to speak on it as "they would not have known what was passed, because they were not given time (to go through the bill)".

He said, earlier, such legislation was passed after several rounds of consultation but "now, by night, it becomes an Act", adding (now) "everything is a surgical strike".

Gopinathan, in a possible reference to the National Register of Citizens exercise carried out in Assam, also claimed "thousands of people are in detention centres".

"It is your fundamental right to peacefully assemble without arms, Article 19 (1) (D) (of the Constitution)," he said at a function organised by a group opposed to CAA.

Gopinathan said people "always felt they were in a democracy" because they never tried to fly, when in reality "you are in a cage".

"The moment you want to fly you realise you are in a cage," he said, adding that "we have to question, we have to ask ourselves where are we going".

"When you don't allow a person to speak against an incorrect legislation, then what is democracy? What is freedom of expression?" Gopinathan questioned.

Gopinathan, a 2012 batch AGMUT cadre Indian Administrative Service officer, was the secretary, Power Department of the Union Territories of Daman and Diu, and Dadra and Nagar Haveli when he resigned on August 21 last year.

At the time, he had claimed the people of Jammu and Kashmir were being denied freedom of expression following abrogation of Article 370 by the Centre.

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News Network
April 11,2020

New Delhi, Apr 11: As India battles the Covid-19 crisis, Prime Minister Narendra Modi on Saturday held a video conference with chief ministers primarily to take their feedback on whether the 21-nation-wide lockdown be extended beyond April 14 to stem the tide of the infections.

The Central government is understood to have also obtained views on the issue from all the relevant agencies and stakeholders involved in the efforts to contain the spread of the pandemic.

The video conference, which began at 11am, comes amidst indications that the central government may extend the nationwide lockdown with some possible relaxations even as Punjab and Odisha have already announced extending the lockdown beyond April 14 when the current spell of 21-day shutdown across the country ends on Tuesday.

The Union Home Ministry has sought views of state governments on various aspects, including whether more categories of people and services need to be exempted. In the current lockdown only essential services are exempted.

This is for the second time the prime minister is interacting with the chief ministers via video link after the lockdown was imposed.

During his April 2 interaction with chief ministers, Modi had pitched for a "staggered" exit from the ongoing lockdown.

A PTI tally of numbers reported by various states as on Thursday at 9.30pm showed a total of 7,510 having been affected by the virus nationwide so far with at least 251 deaths. More than 700 have been cured and discharged. However, the last update from the Union Health Ministry put the number of confirmed infections at 7,447 and the death toll at 239.

Addressing floor leaders of various parties who have representation in Parliament, Modi had on Wednesday made it clear that the lockdown cannot be lifted in one go, asserting that the priority of his government is to "save each and every life".

According to an official statement after the Wednesday interaction, the prime minister told these leaders that states, district administrations and experts have suggested extension of the lockdown to contain the spread of the virus.

Before the lockdown was announced on March 24, the prime minister had interacted with the chief ministers on March 20 to discuss ways and means to check the spread of the novel coronavirus.

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News Network
January 31,2020

Jan 31: President Ram Nath Kovind on Friday hailed the contentious Citizenship Amendment Act as "historic" in his address to joint sitting of both houses of Parliament, prompting protests by some opposition members.

He also said that debate and discussion on any issue strengthens democracy while violence during protests weaken it.

"The Citizenship Amendment Act is a historic law. It has fulfilled wishes of our founding fathers including Mahatma Gandhi," he said.

"Debate and discussions strengthen democracy, but violence during protests weaken democracy," he said without directly referring to the anti-CAA protests in the country some of which have witnessed violence.

In a reference to abrogation of Article 370, Kovind said there is happiness among people of India that people in Jammu and Kashmir and Ladakh have got rights on par with the rest of the country.

The president said Parliament has created record in the first seven months of the new government headed by Narendra Modi by enacting several landmark legislations.

"My government is taking strong steps for making this decade as India's decade and this century as India's century," he said.

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