New Indian-Chennai News + more

Members Login
Username 
 
Password 
    Remember Me  
Post Info TOPIC: 'Minority welfare schemes are unconstitutional'


Guru

Status: Offline
Posts: 23616
Date:
'Minority welfare schemes are unconstitutional'
Permalink  
 


'Minority welfare schemes are unconstitutional'

By SYED FIRDAUS ASHRAF

January 23, 2020 10:48 IST

 

'It is not the duty of the government to protect minority religions or promote it.'

13muslims1.jpg

Photograph: Mukesh Gupta/Reuters
 

The Supreme Court has issued a notice to the Centre over a petition that seeks to challenge the budgetary allocations for welfare schemes for minorities and also challenges the Constitutionality of a minority commission.

The petitioners claim that the government is spending Rs 4,800 crore (Rs 48 billion) towards teaching skills to minorities and promoting culture which, they allege, is a violation of Article 27 of the Constitution.

Article 27 says 'no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for their promotion or maintenance of any particular religion or religion denomination'.

Advocate Vishnu Jain is appearing for the petitioners in this case, who wish to remain anonymous.

 
 

"What we are arguing is that a minority as a class cannot be treated as one," Jain tells Rediff.com's Syed Firdaus Ashraf.

Why did you move this petition?

Our Fundamental Rights under Article 14 (equality), 15 (social equality) and 27 are being violated by the National Commission for Minorities Act, 1992.

We are taxpayers and the central government is spending around Rs 4,800 crore on minority communities.

This is a direct violation of Article 27. Therefore, we filed this public interest litigation.

Why is Rs 4,800 crore being spent on minorities? What is the purpose of this budgetary provision?

There are various schemes for minorities. For example, the Waqf Board gets funds to commercialise their properties.

(Money is also spent) on education and upliftment of minorities. So there are different categories.

This is what the Modi government allocated in 2019-2020.

What is the respective share of each minority community from this allocation?

The government has not specified that. There are Jains, Buddhists, Christians and Muslims among minority communities.

The word that has been used in the budget is 'minority'.

All religious minorities of India have a share in this allocation.

But...

What we are arguing in the Supreme Court is that minority as a class cannot be treated as one.

In our petition, we are saying be it Jains or Muslims, you cannot categorise the entire community as backward educationally or socially.

The Justice Rajinder Sachar commission report says Muslims are the worst community in India in terms of education and economic well-being. Don't you think they need upliftment and government help?

Muslims who are socially and educationally backward get reservation under Article 340.

They get benefits as they fall under 'other backward castes'. They have a place in it.

If more is needed, they can create an OBC commission and look into this issue.

The government on its own cannot run minority schemes.

The condition of Muslims in India is very bad -- economically and socially -- do you dispute this?

Ask this question to a politician. I am only a lawyer who is representing facts and giving a legal angle.

How can I say what the government needs to do to uplift the Muslim community, or for that matter the Sikh or the Jain community?

There must be some reason for such schemes or do you think they only amount to appeasement?

There is appeasement as they are spending Rs 4,800 crore of taxpayers' money on minorities.

You are accusing the Modi government of minority appeasement. But the general perception is quite the opposite.

I am a lawyer and I am talking in legal terms. I am not a politician.

In 1992, the National Commission for Minorities Act came into force.

Under this Act, the government can identify minorities and run welfare programmes for them.

 
 
 
 
 

We are saying this (violates) Article 29 and Article 30 under which the minorities have a right to run their own educational institutions and maintain it.

They have their rights to protect and promote their culture and religion. It is not the duty of the government to protect minority religions or promote it.

This also violates Article 27.

 
SYED FIRDAUS ASHRAF / Rediff.com
rediff.com/amp/news/interview/minority-welfare-schemes-are-unconstitutional/20200123.htm?fbclid=IwAR1XcR1VZx-9cYEQTD_BznCws6mvMiz034sfL0wG1WSt2fuKVUOkauZNyBI


__________________


Guru

Status: Offline
Posts: 23616
Date:
Permalink  
 

SC issues notice on a plea challenging constitutionality of minority commission, welfare schemes for religious minorities

713
 
0
Share on Facebook
 
Tweet on Twitter
  
Want create site? Find Free WordPress Themes and plugins.

The Supreme Court on Monday issued notice on a plea challenging the constitutional validity of the National Commission for Minorities Act 1972 and various governmental schemes for the religious minorities at the expense of taxpayer money.

A Bench comprising Justices R.F Nariman and SR Bhat issued a notice on a plea filed by Sanatan Vedic Dharam. The plea challenges constitutionality of the Act for being discriminatory.

The writ petition filed by advocate Vishnu Shankar Jain, also challenges various financial benefits and educational grants given to minorities like Maulana Azad National Fellowship for students of minority communities and seeks the court to declare them violative and discriminatory.

The writ petition has also challenged the constitutional validity of National Minority Commission, established by a Parliamentary law on the ground that Parliament cannot, by law, discriminate or make any law for minority religious groups.

The petition further contends that the government without notifying minorities as socially and educationally backward classed under Article 15(4) of the Constitution, the Parliament cannot lawfully make schemes for the benefit and protection of minorities.

The benefit envisioned under Article Article 15(4) can be extended to only those communities who are found “socially and educational backward” classes of citizens by a commission established under Article 340 of the Constitution.

The petition states that the taxpayer money cannot be utilized by the government to “appease a section of society at the cost of national integration”.

The petition also argues that the petitioners are unconstitutionally deprived of benefits available to similarly situated members of religious minorities, and treating the Muslims above law violates Article 14, 15 and 27 of the Constitution.

The petitioners allege that the government is giving undue to Waqf and Waqf properties, denying similar benefits to the institutions of Hindu community like Trusts, Mutts and Akharas.

The plea urged the top court to declare that the Centre has no right, jurisdiction to give special treatment and benefits to minority communities and hence be declared violative of the Constitution.



__________________
Page 1 of 1  sorted by
 
Quick Reply

Please log in to post quick replies.

Tweet this page Post to Digg Post to Del.icio.us


Create your own FREE Forum
Report Abuse
Powered by ActiveBoard