Top StoriesPlea In Supreme Court Seeks Minority Status For Hindus In 9 States & Transfer Of Similar Pleas Pending In High Courts Sanya Talwar25 Oct 2020 1:53 AMShare This – xA petition seeking transfer of all pending petitions challenging the validity of Section 2(c) of the National Commission for Minorities Act, 1992 has been preferred in the Supreme Court.Filed on behalf of Ashwani Kumar Upadhyay, the petition states that the petitioner is compelled to approach the top court in order to avoid multiplicity of proceedings and conflicting views to interpretation…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA petition seeking transfer of all pending petitions challenging the validity of Section 2(c) of the National Commission for Minorities Act, 1992 has been preferred in the Supreme Court.Filed on behalf of Ashwani Kumar Upadhyay, the petition states that the petitioner is compelled to approach the top court in order to avoid multiplicity of proceedings and conflicting views to interpretation of Articles 29 & 30 of the Constitution.”Petitioner is compelled to approach this Hon’ble Court as more PILs may be filed in other High Courts to challenge the validity of S.2(c) of the National Commission for Minorities Act 1992 and subsequent Notification on Minority Community dated 23.10.1993. Therefore, in order to avoid multiplicity of litigations and conflicting views on the interpretation of Articles 29-30, this Hon’ble Court may be pleased to transfer these PILs in this Hon’ble Court and decide them”, the plea states in its opening averments.Plea highlights that by using the “the unbridled power under Section 2(c) of the Act”, Centre declared Muslims, Christians, Sikhs, Buddhists, Jains and Zoroastrians as ‘minority’, but not declared the followers of Bahaism, who are merely 0.1% and Judaism, who are just 0.2% as a religious minority. This, the petitioner states is “arbitrary unjustified and abdication of the statutory powers of the Central Government”.Contending that Article 29(1) of the Constitution is assumed to relate to minorities but its scope is not confined, it is stated that it is available to ‘any section of citizens residing in the territory of India or any part thereof having distinct language script or culture’.”Therefore, for the purpose of notifying a community as ‘minority’, Centre is empowered to consider claim of a particular community for being notified as such under Section 2(c) and cannot shirk its statutory responsibility.”- Excerpt of PleaWhile touching upon various states and their minority and majority statistics, the plea states that minority rights of Hindus are being siphoned off in Ladakh, Mizoram, Lakshdweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur by not granting them minority status under section 2(c) of the Act.”Muslims are majority in Lakshdweep (96.58%) and Kashmir (96%) & there is significant population in Ladakh (44%), Assam (34.20%), West Bengal (27.5%), Kerala (26.60%), UP (19.30%) and Bihar (18%) and they are enjoying ‘minority’ benefits but followers of Bahaism (0.1%) and Judaism (0.2%) who are real minorities, are not getting their legitimate protection because of non-identification minorities at State level, thereby jeopardizing their basic rights,” states Upadhyay.In this context, it is contended that denial of minority rights to real minorities and arbitrary and irrational disbursement of minority benefits to majority, infringes upon fundamental rights.”Therefore, S.2(c) and subsequent Notification dated 23.10.1993 is manifestly arbitrary, irrational and contrary to the Articles 14, 15, 21, 29, 30,” plea states.”After TMA Pai Case, the legal position stands clarified that henceforth the unit for determining status of both linguistic and religious minorities would be ‘State’,” Upadhyay says.The plea further contends that Minority Welfare Schemes are not being appropriately used in Arunachal Pradesh, Assam, Goa, J&K, Kerala, Lakshadweep, Manipur, Meghalaya, Mizoram, Nagaland, Punjab, Tamil Nadu, UP & West Bengal in light of the legitimate share of the minorities being “siphoned off arbitrarily to unqualified sections of the population, because of non-identification and non-notification of minorities at State level”.Apropos this, the petitioner states that similar PILs pending in three high courts are required to be withdrawn and be transferred from High Courts to the top court so that all grounds-contentions can be decided by common judgment in order to ensure uniformity in directions. “Moreover, the Judgment by this Hon’ble Court will be binding for all and also save precious time of the judicial system,” it adds.The petitioner, apart from the prayer of transfer also makes an alternative prayer of directions to the Home Ministry to identify and notify the religious and linguistic minorities at State level in spirit of Articles 29-30 of the Constitution of India and the Judgment of this Hon’ble Court in TMA Pai Case [(2002) 8 SCC 481, paras 76-81].Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Chicago Police Department via Twitter(CHICAGO) — A 17-year veteran officer with the Chicago police department is recovering after he was shot in the skull during a gun battle with a bank robbery suspect Tuesday night. The injured Chicago officer, 46, was in serious but stable condition with a skull fracture and blood on the brain, a hospital official said. The “chaotic scene” began as a bank robbery in Des Plaines, a Chicago suburb, Chicago Police Superintendent Eddie Johnson told reporters. One robber was captured by Des Plaines police but a second robber escaped, stole a car and headed toward Chicago, Johnson said.Officers were able to track his movements and Chicago police officers were waiting for the suspect when he got off the expressway, Johnson said. The 32-year-old suspect fired at officers, Johnson said.Des Plaines police continued with the pursuit, which ended at a music store, Johnson said. The suspect and officers exchanged gunfire, and the suspect was shot and killed, Johnson said.A 15-year-old bystander who was in the music store for a piano lesson at the time was shot in the arm and abdomen, Johnson said. The teen boy was hospitalized in stable condition, Johnson said. The injured Chicago officer, who was not named, “has received over 100 awards from the department for his exemplary police work,” Johnson said. “Our hearts are breaking as we’re reminded of the service and sacrifice our officers make every day to protect us and keep our communities safe,” Chicago Mayor Lori Lightfoot said.Copyright © 2019, ABC Audio. All rights reserved.
Dear Mountain Mama,I feel like I’m just going through the motions, living in a fog. Every winter I suffer from seasonal depression, but this year seems to be worse than usual for me. I’ll be happy when the first flowers bud, when the sun shines warm, and when light fills the evening hours.Any tips for surviving winter?Yours, Ready for Spring Dear Ready for Spring,Winter’s assault can get us all down. There’s a lot I love about living in western North Carolina, but winter isn’t one of those things. Between the grey skies, the wintery mixes that keep me buried under layers of wool but provide no snow for playing, and the long, dark nights that keep me from getting outdoors as often as I’d like, I find myself longing for warmer weather, too.It’s easy to hate winter. But there’s another way. Instead of saying, “I’ll be happy when,” try finding happiness now. Sometimes it takes digging deep to find happy moments during the day. Those who take the time to dig, to find bright spots in the grey and cold, will be rewarded with real joy. Amplify your joy by focusing on it, letting your mind dwell in the beauty of a snowflake or the mystery of the wind. Take pictures or write about it, anything that helps you focus on the positive moments.It’s tempting to stay safe and comfortable all winter long, patiently waiting for spring. Instead of avoiding freezing rain and ice, embrace them. Bundle up and allow yourself to get uncomfortable, because pushing through your discomfort allows you to get to the other side. Dealing with adversity and facing challenges inspires us, allowing us to grow and evolve in ways that staying safe doesn’t. Stepping away from what’s comfortable gives us a new perspective.We can all benefit from getting outside more. Luckily, every day it’s staying light later. Each day it stays light two minutes longer. Chase the light instead of the lingering in the dark.Bundle up and get out there!Mountain Mama