JAMMU: National Commission for Minorities (NCM) which is one of the official respondents in a PIL filed in the Supreme Court by Advocate Ankur Sharma, has come out openly in support of his plea seeking setting up of State Minority Commission in J&K and identifying Minorities (Hindus, Sikhs, Christians, Buddhists, Jains) in J&K.
The case has been listed on Jan 2, 2017 in the Supreme Court.
Earlier, Jammu-based advocate Ankur Sharma had alleged in his PIL that rights of religious and linguistic ‘minorities’ in the state were being “siphoned off illegally and arbitrarily” due to extension of benefits to “unqualified sections” of the population.
It has been settled that the identification of minority communities has to be decided as per the population data of the state in question, Sharma said.
The apex court, which had earlier issued notices to Ministry of Minority Affairs of Jammu & Kashmir Government, National Minority Commission and others, however, had refused to restrain authorities from disbursing benefits to any community in the state.
The PIL also sought the setting up of State Minority Commission for identification of minorities.
“The population of Muslims in Jammu and Kashmir according to the 2011 Census is 68.31 per cent. Communities which are eligible to be notified as minorities, were not awarded their due share of scholarship owing to their non-identification as minorities, thereby jeopardising their constitutionally guaranteed rights enshrined under Part III of the Constitution of India.
“This clearly reflects the unfairness and discrimination of the State towards the communities in the state of Jammu and Kashmir which are eligible to be notified as minorities,” the petition alleged.
The plea also sought directions to consider extension of National Commission for Minorities (NCM) Act, 1992 to Jammu and Kashmir and make amendments so that benefits available to minorities of other states could also be given to the minorities of J&K.
Arunachal Pradesh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Meghalaya, Mizoram, Nagaland, Odisha, Sikkim and Tripura have not set up Minorities Commissions, Union MoS for Minority Affairs (Independent Charge) Mukhtar Abbas Naqvi had said in reply to a question in Lok Sabha on Wednesday.
Referring to information available with National Commission for Minorities, Naqvi had said Union Territories like Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep, Puducherry and Andaman and Nicobar Islands too have not set up the Commission.
Setting up of State Minorities Commissions comes under the purview of the respective State Governments. However, National Commission for Minorities (NCM) has, from time to time, taken up the matter with State Governments for setting up of State Minorities Commissions,” Naqvi said.