Schemes For Minorities Do Not Contravene With The Rights Of Other Community Members: UOI Informed SC

BACKGROUND OF THE CASE

• In January 2020, an affidavit was filed before the Apex Court, which challenged the constitutional validity of the National Commission for Minorities Act, 1972.
• A Division Bench of Justice R F Nariman and Justice Ravindra Bhat also issued a notice, which challenged various financial benefits and educational grants provided to minorities and claimed that Muslims are being treated above law by the Court.
• The Court was informed by the Ministry of Minorities Affairs that the schemes are getting implemented to reduce the prevailing inequality and improve sectors like education, employments, skill and entrepreneurship development, etc.

POINTS MADE IN THE AFFIDAVIT

• It stated that the Ministry of Minority Affairs was trying to improve the socio-economic condition of the minority communities to ensure that every citizen gets equal opportunity for participating in building a vibrant nation.
• The rights and safeguards of the following six minority communities are being looked after by the National Commission for Minorities: Muslims, Christian, Sikhs, Buddhists, Paris and Jains.

STATEMENTS IN THE PLEA

• According to Neeraj Shanker Saxena and five others who have filed the present plea, establishing the Minorities Commission was a “fraud on the Constitution” committed by the Central Government, in order to appease the minority section of the section of the society, even at the cost of national integration.
• Hindu religious establishments are being neglected and Muslims are getting undue advantage by the Central Government.
• This is violating the Constitutional injunction embodied in Article 14, 15 and 27 of the Constitution of India.

OTHER ARGUMENTS

• The plea alleges that the petitioners and other Hindu community members are suffering just because they are born in the majority community.
• It has also challenged schemes such as Maulana Azad N Fellowship for students of minority community.
• Further it states that the tax payers’ money is also being used for the religious purposes disguised in the name of minority community welfare.
• As this discrimination is only on the basis of religion, it clearly violates Article 14 and 15 of the Constitution.

SUBMISSIONS MADE BY UNION

• In order to defend the schemes for welfare of minority communities, the Union of India told the Supreme Court that these schemes do not contradict the principles of equality as enshrined in the Constitution.
• The rights of the members of other communities are also not violated by these schemes.
• Further the Union clarified that these schemes are not for everyone belonging to the minority community but only for those economically weaker section people, underprivileged children, candidates and women belonging to the minority community.
• The Union also stated that schemes cannot be faulted and are legally valid as they enable provisions for achieving inclusiveness.

What are your views? Is the majority community at a loss in the present scenario?