• Religious minority for indigenous faith of Meghalaya

There is three indigenous faith in Meghalaya- Niamtre, Niam Khasi and Songarek. In Meghalaya out of the 29 lakhs population, Christion makes up 74.59 percent. The Hindu 11.52 percent, Muslim 4.39 percent, Buddhist 0.33 percent, Sikh 0.1 percent, Jain 0.02 percent. ‘Other religious persuasion’ and ‘religion not stated’ constitute 8.70 and 9.02 percent respectively. In the State of Meghalaya, the indigenous Niamtre, Niam Khasi, and Songasareks are placed in the category of ‘other religious persuasion’. Since we are not included in the list of six minorities in the Country, we are being deprived of the various scheme especially the pre matric scholarship, Maulana Azad Scholarship etc. We have been demanding that we should be recognised as minority in the State of Meghlaya.

The SC in TMA Pai Foundation & ors vs State of Karnataka & ors [(2002) 8 SCC 481)] consider the question of the unit for the purpose of determining the definition of ‘minority’ within the meaning of Article 30(1). It held that ‘a minority either linguistic or religious is determinable only by reference to demography of the State and not by taking into consideration the population of the country as a whole’. 

The question is Can we the Indigenous faith be declared minority at the State level ? If so, will we be ablae to enjoy the Central Scheme for Minorities ?
Asked 5 years ago in Constitutional Law

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11 Answers

National Commission for Minority Act 1992. This act does not define the term minorities but under section 2(c) it says that central government will notify who are minorities. As a result, Muslims, Sikhs, Buddhist, Parsis and Christians were declared as minorities but not Hindus as it was done on national level.

2) In the case of D.A.V.College Bhatinda vs. State of Punjab the Supreme Court rejected the contention that since the Hindus are in majority in country they cannot be held as minority in the state. The courts in India have from time to time consistently held that state should be the unit to determine to what constitute minorities.

 

3) you can file writ petition in HC to declare Hindus as minority 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

The decision cannot be taken by the state government even if you are making a representation to the government through your community heads.

However you make a representation and get a reply expressing their inability after which you can file a PIL before high court seeking releif for this on the basis of the citation you have referred here.

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

- Earlier Supreme Court has rejected one case on this ground , however you can raise this issue after filing a PIL before the Supreme Court. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

After going through your case and facts we would advice you to wait for the outcome of  PIL filed by Smt. Delina Khomdup v/s Union of India today before Meghalaya High Court the issues covering your subject matter. 

In the same line Apex  Court has already dismissed a PIL in 2019 Justice  S A Bobde in the matter of Ashwini Kumar Upadhtaya V/ S Union of India.

 Holding the religion is based on Pan India and languages are restricted as per States. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes you can be designated as a minority. For that you should give a representation to the government. If the government doesn't respond then file a writ petition in the high court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you need to first file your representation in front of central scheme for minorities and then file writ petition before high court.

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

You can file a writ petition in the high court. . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Yes indeginous faith cab be declared as minority for purpose of reservations at state level. 

2. You need to file writ petition before High court to recognize your faith as religious minority in the state. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. You shall have to be declared as minorities both at State and Center level to take the benefits of all the welfare schemes announced by both the said Governments.

 

2. There are several instances where one caste has been scheduled to have the benefits of reservations in one or two States but not in Center or other States.

Krishna Kishore Ganguly
Advocate, Kolkata
27690 Answers
726 Consultations

Dear Sir/Madam,

It is suggested that  you will be very well  able to enjoy the central govt schemes meant for minorities. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can declare minority by state but not entitle to benefit in central scheme but only in state.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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