MINORITIES

Recent development:

• The National Commission of Minorities (NCM) has refused to entertain a plea to declare Hindus a “minority community” in those States where they do not form a majority of the population.
  
  
• The petition was filed by advocate Ashwini Upadhyay to either frame guidelines for identification of minorities at the State level or use the powers under Section 2(c) of the NCM Act of 1992 to declare Hindus a minority in States where they do not form the majority.
  
  
• Arguments given:
  • The role of the NCM was not to declare new minority communities. The power to declare a community as minority lies with the Central government.
    
    
  • Section 2(c) of the NCM Act itself clearly states that a community is notified as “minority” only by the government.
    
    
  • Instead it’s role is to ensure the development of minorities and protect their religious, cultural and educational rights.
    
    
  • The above was also clarified by the Supreme Court’s own judgment in 1999 in Bal Patil vs Union of India which detailed the function of the NCM.