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Updated July 30th, 2021 at 11:55 IST

Kerala HC junks plea seeking reassessment of 'minority status' of Muslims & Christians

On Thursday, the Kerala High Court dismissed a writ petition seeking a direction to the Centre for reassessing the 'minority status' of Muslims and Christians. 

Reported by: Akhil Oka
Kerala
Image: PTI | Image:self
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On Thursday, the Kerala High Court dismissed a writ petition seeking a direction to the Centre for reassessing the 'minority status' of Muslims and Christians. A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly was hearing a plea by a registered organization named Citizen's Association for Democracy, Equality, Tranquility and Secularism (CADETS). It submitted that certain religious communities were included in the list of minorities via the National Commission for Minorities Act, 1992 even though there is no definition of the term 'minority'. 

Moreover, the petitioner claimed that Muslims and Christians have dominated the Hindus not only as far as representation in government is concerned but also in education. Therefore, it demanded that no preferential treatment should be given to Muslims and Christians in Kerala. The bench, however, asserted that the interests of the backward classes are well protected under the Constitution of India.

It explained that different laws such as the National Commission for Minority Educational Institutions Act were formulated on the basis of "fundamental guarantees" extended to minorities under the Constitution. The SC made it clear that the Centre had no power to redetermine the minority status but it can refer any matter to the National Commission for Minorities. But it highlighted that the latter could not interfere as it cannot act against the interest of minorities. 

The court's key observations

In the order dated July 29, the bench observed, "We are of the view that merely because the term 'minority' is not defined under the Constitution of India, that would not take away the fundamental rights and guarantees conferred on the minorities under the Constitution of India and the laws which are fundamental in the governance of the nation. Further, merely because in the definition or interpretation clause of the Constitution the term 'minority' is not included and defined, that will not, in any way, create a fetter to the duties and obligations of the Government of India to protect the interests of the minorities guaranteed under the Constitution of India".

It added, "So also, merely because rich individuals are there in the community, who are able to afford very luxurious living conditions, that would not stand in the way of the Commission ascertaining the minority status of the communities as such. Merely because there are a few people who are rich in the minority communities, one cannot be expected to understand that their richness is due to them belonging to minority communities and further merely for that factor, it cannot be taken for granted that the entire members of the minority communities are economically and socially advanced." 

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Published July 30th, 2021 at 11:55 IST

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