Religion is pan India: CJI

Hindus cannot claim minority rights in states like J&K, Punjab and North East

The Supreme Court on Tuesday ruled that Hindus may be in a minority in states like Jammu and Kashmir, Punjab and North-Eastern states, but they still cannot claim minority rights as enshrined in the Constitution.

Determination of a religious minority is on all-India basis and not statecentric, a Bench headed by Justice Sharad Bobde held while rejecting a petition of BJP activist Ashwini Kumar Upadhyay. The latter wanted the Hindus declared a religious minority in J&K and other states where they do not constitute a majority.

"In the case of language we take it State-wise, but as far as religious identities are concerned, it is country wide," said the Chief Justice.

At the outset, Attorney General K.K. Venugopal told the court that there are eight States where Hindus are in minority. However, the court said the minority presence in certain States does not entitle them to the benefits of a minority community.

When the lawyer for Upadhyay referred to the apex court judgment in the TA Pai case relating to minority institutions, CJI Bobde said that it was just an observation and not part of the substantive judgment. "Show us any judgment which says that religious communities would be identified State wise," he demanded, noting that "states are formed on linguistic basis, but religion is pan India." He added that religion is beyond the boundaries of the states. The petitioner pleaded for some guidelines. At this, CJI Bobde flared up: "What guidelines? Who does not know who is a Hindu or a Muslim?" Earlier, in November 2017, the top court had asked Upadhyay to approach the National Commission for Minorities with his plea seeking declaration that Hindus are a minority in eight States.