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National Commission For Minorities (NCM) has informed the Supreme Court that Minorities have to be treated as “Weaker Sections” where “Hindus” are largely “predominant”. The reply comes in a plea challenging welfare Schemes for Minorities being discriminatory to the Rights of Hindus.

NCM Affidavit says, “In our country like India where the majority community is predominant, the minorities have to be treated as the weaker sections within the meaning of Article 46.” It adds that numerically smaller or weaker classes are bound to be suppressed by the Majority, defending the Centre’s policy executed in their favour.

Under Directive Principles of State Policy, Article 46, obligates the State to promote Educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker Sections.

Responding to the petitioner’s contention on no Constitutional Mandate for making such recognition, NCM Affidavit says that it is on government to declare any community as a minority and it is unlikely that the same is done on the basis of “instigation” from any community to claim minority status, only for benefiting from Government schemes.

Petition filed by Vishnu Shankar Jain, states,

“The Parliament cannot make any law for the benefit of any religion, maybe, for minority religious groups. Special benefit and advantage within the sweep of Article 15(4) can be provided only to those communities who are found ‘socially and educationally backward’ classes of citizens by a Commission established under Article 340 of the Constitution of India. From taxpayer money, no religion or religious groups can be promoted and therefore, no Minority Commission can be created to achieve the purposes enumerated in the Act.”

Earlier, the Centre had submitted before a bench led by Justice Nariman that, chemes rolled out for minorities do not infringe upon the Rights of Hindus or run contrary to the principles of Equality.

The petitioners claim that Hindus were discriminated against on the ground of religion, as schemes worth ₹4700 crore were initiated in favour of only some religious minorities.

Case Title: Neeraj Shankar Saxena v. Union of India