After partition when the first census took place in1951, that time the division of population-based on religion was Hinduism- 84.1%, Islam-9.8%, Christianity-2.30%, Sikhism-1.79%, Budhism-0.74%, Jainism-0.46%, Zoroastrianism-0.13 %. The corresponding figures after 2011 census were Hinduism-79.8%, Islam-14.23%, Christianity- 2.3%, Sikhism-1.72%, Budhism-0.70%, Jainism- o.37%. You will observe from these figures that there was no appreciable change in percentages of most of the minority religious communities except for Islam. The majority population has come down in six decades. The religious communities as mentioned above except Hindus have been given the status of minority in the country. It has so happened that in certain states and Union territories Hindus have become the minority, but as Hindus have not been declared the status of a minority, they can not enjoy the benefits available for minority religious communities in these states and UTs.
The Hindus are minorities in Ladakh, Mizoram, Lakshadeep, Jammu & Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, and Manipur. There have been many petitions filed in various High courts across the country where petitioners have asked Hindus to be given the status of minority in the states and UTs where they are actually in minority. In 2021, Supreme Court accepted one such petition, and asked various HC not to entertain such petitions.
There was a notification issued by the Centre which declared the five communities-Muslims, Christians, Sikhs, Budhists and Parsees as minorities even in those states where they are not in minority. It so happened in states and UTs, as mentioned above, these communities started availing the benefits, which were meant for the minority communities. The said petition, which was accepted by SC, mentioned that in this way “ Arbitrary and irrational disbursement of minority benefits to majority infringes upon the fundamental right to the prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth”. The petition said that the Hindus, who are the majority community according to national data, are a minority in several states and UTs. However, the Hindu community is deprived of the benefits that are available to the minority communities in those states and UTs.
The petition said, according to Article 29-30 of the constitution, has left leakages in the hands of the State, which shall be misused and are being misused for political benefits.
This petition has sought the minority status for Hindus in states and UTs, where the number of the community numbers have decreased as per the census of 2011. Hindus are in minority in six states- Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), Arunachal Pradesh (29%), Manipur (31.39%0, Punjab (38.40%0- and in the UTs J&K (28.44%) and Lakshadweep (2.5%). Their minority benefits are being siphoned off illegally and arbitrarily to the majority population because neither the Centre nor the state govts have notified Hindus as a minority under the National Commission for Minorities Act. So, it is so happening the majority communities in these states and UTs (who have been declared as minority communities as per notifications) are enjoying the benefits assigned to minority communities.
SC then, asked the Centre govt to give their reply on this matter.
Now The Centre has told the SC that the states can consider granting Hindus minority status, if the community is not in majority within their jurisdictions, to enable them to establish and administer educational institutions of their choice, in keeping with the rights guaranteed to the minorities by the Constitution. In their reply, The Centre, further added that ‘since the subject of identifications of minority communities in the Concurrent List of the Constitution, both the Centre and the States have the power to legislate to confer minority status on certain religious or linguistic communities that are a minority in the country or in a particular state. So states can consider granting Hindus the ‘minority’ status if the community is not in majority within their jurisdiction. For instance, govt of Karnataka has notified Urdu, Telugu, Tamil, Malyalam, Marathi, and many other languages as minority languages within the state. So please speaking these languages get the benefit in educational institutions. Even Maharashtra has notified ’Jews’ as a minority community within the state.
So it looks like doors are being opened, so that the Hindu community which is a minority in certain states and UTs can avail of the benefits allotted for the minority communities.
So, let us wait and watch for further developments in this matter.
Waiting for your views on this blog.
Anil Malik
Mumbai, India
28th March 2022.