NEW DELHI, Jan 12 : The Supreme Court on Friday granted the last opportunity to the state governments to furnish data to the central government on the district-wise identification of minorities. In case this is not done the state govt shall pay a cost of Rs 10,000.
A Bench of Justice Sanjiv Khanna and Justice Dipankar Datta while hearing a batch of public interest petitions seeking a direction to the union government to define the term ‘minority’ and lay down comprehensive guidelines for the identification of minorities at the district level, expressed its disapproval over certain state governments’ failure to submit affidavits and responses despite previous reminders.
Justice Khanna asked the Government Counsel, “Which are the states who have not furnished data? We’ll now impose costs. The Court warned that the last opportunity is being granted to state governments to either furnish details or data to the central government or file an affidavit in the court.
The court said in case this is not done by April end of this year, the state governments shall pay a cost of Rs 10,000.
The court directed the Union Government to file a status report at least two weeks before the next date of hearing.”
The matter pertains to a PIL filed by some lawyers who sought guidelines for the identification of minorities at the district level, to ensure that only those religious and linguistic groups that are socially, economically, politically non-dominant, and numerically inferior get the benefits and protections guaranteed under Articles 29 and 30 of the Constitution.
The petitioners have also challenged the constitutional validity of Section 2(c) of the National Commission for Minorities Act, 1992, which grants the Centre the power to notify minorities. Notably, in an affidavit filed in March 2022, the union government had admitted that the Hindus in states where they constitute a numeric minority may be notified as minorities for Articles 29 and 30 by the concerned state government.
However, later it changed its stance and filed a fresh affidavit retracting the earlier one. The Centre said that it has the power to notify minorities, but a stand in this regard can be taken only after “wide consultations with state governments and other stakeholders” to avoid “unintended complications in the future.” (UNI)
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