Hindu Minority Status: Centre seeks time for holding meetings with States/UTs; requests Supreme Court to defer hearing

The Central government has requested the Supreme Court to consider deferring the hearing in the plea filed by Advocate Ashwini Upadhyay seeking minority status for Hindus in states where their numbers have gone below other communities.

The Centre has sought more time for holding meetings with other State Governments/ Union Territories while stating that the State Governments/ Union Territories and stakeholders with whom the consultative meetings have already been held, should be enabled to finalise their considered views in the matter.

An affidavit filed through Indevar Pandey, Secretary, Ministry of Minority Affairs further informed the Court that the Central Government has already held meetings with the State Governments of Nagaland, Punjab, Meghalaya, Mizoram, Arunachal Pradesh, Himachal Pradesh, Haryana and Uttar Pradesh, UTs of Jammu & Kashmir and Ladakh with inputs from the Ministry of Home Affairs, D/o Legal Affairs- Ministry of Law & Justice, D/o Higher Education- Ministry of Education, National Commission for Minorities and National Commission for Minority Educational Institutions.

It has been submitted that the said State Governments/ Union Territories and Stakeholders have requested for some more time for having wider consultations with all the stakeholders before they form their considered opinion in the matter considering the far-reaching implications of the issue involved.

Also, the top court has been informed that since the comments/views of the State Government of Nagaland, Arunachal Pradesh and UT of J & K in the matter had not been received yet, a reminder was sent to these States requesting them to furnish their comments/ views.

Comments of Himachal Pradesh, Haryana and Uttar Pradesh are also awaited, where the issue may have wider ramifications, the Centre submitted.

In May, the Ministry of Minority Affairs informed the Supreme Court that the question involved in the writ petition seeking minority status for Hindus in states where their numbers have gone below other communities has far-reaching ramifications throughout the country.

The affidavit stated, "The stand to be formulated by the Central Government with regard to issues raised in this group of petitions will be finalised after having a wide consultation with the State Governments and other stakeholders."

Earlier, The Central Government has submitted before the Top Court that the State Governments also have the power to declare a religious or linguistic community as a ‘minority community’ within the concerned State.

In its affidavit, the Centre cited the example of the Government of Maharashtra which had notified the "Jews" as a minority community within the State of Maharashtra in July 2016.

Case Title: Ashwini Kumar Upadhyay vs. Union of India