J&K/Report: The Saga of Minority Deprivation

It is a serious paradox that the Muslims,­­ who are about 69 per cent in J&K,­­ have been enjoying all the privileges meant for communities which are in a minority

Deepak Zazia, Jammu
The Supreme Court’s direction to the Centre and the J&K
government on status of minorities in the Muslim majority of State of J&K has rekindled a ray of hope among the real minorities in the state. Interestingly, the population of Muslims in J&K, according to the 2011 Census, is 68.31 per cent. The communities, which are eligible to be notified as minorities, are 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.
Ironically, the majority community (Muslims) in the state has been taking benefits of various schemes launched by the Centre for the social-economic growth of minorities in the country and real minorities  are being denied of the benefits of the same schemes.
“J&K has still not legislated the State Minority Commission Act which empowers its Assembly to notify
minorities by applying prescribed criteria. Consequently, the benefits exclusively meant for the minority
communities are being given away to a certain community,which is the majority community, in an illegal and arbitrary manner,” said advocate Ankur Sharma, who has filed PIL in the Supreme Court regarding status of minorities in J&K.
According to the 2011 census, Islam is practised by about 68.3 per cent of the state population. Among the minorities, 28.4 per cent are Hindus, followed by Sikhs (1.9 per cent), Buddhists (0.9 per cent) and Christians (0.3 per cent). In Kashmir valley, about 96.4 per cent are Muslims, followed by Hindus (2.45 per cent), Sikhs (0.98 per cent) and others (0.17 per cent). Sharma said he had filed the PIL to safeguard the interests of religious and linguistic minorities and for the enforcement of their fundamental rights.
“Non-identification and non-notification of the minorities is leading to disbursement of minority benefits illegally and arbitrarily according to the whims and fancies of successive state governments,” he alleged.
The Union government indirectly recognises Muslims, Sikhs, Buddhists and Christians of Jammu and Kashmir as “minorities”. This,in spite of the fact that the National Commission for Minorities Act, 1992, under which the national minorities are to be notified, is not applicable to J&K and thereby the recognition of Muslims as “minorities” was whimsical and illegal, the plea said.
The SC had in the 2002 case TMA Pai Foundation and others Vs State of Karnataka ruled that linguistic and
religious minorities are covered by the expression “minority” under Article 30 of the Constitution. Since reorganisation of the states in India has been on
linguistic lines, therefore for the purpose of determining the minority, the unit will be the state and not the whole of India.
Ankur Sharma pointed out that guidelines for the implementation of the Prime Minister’s new 15-point programme for the welfare of minorities lays down that “In states where one of the minority communities notified under section 2(c) of the NCM Act, 1992 is, in fact, a majority, the earmarking of physical/financial targets under different schemes will be only for the notified minorities”. But ignoring the rider, the Union Ministry of Minority Affairs awarded 717 out of 753 scholarships to the majority (Muslim) community in Jammu and Kashmir. Constitutional guarantees under Article 29 and 30 (rights of minorities) are no guarantees at all in Jammu and Kashmir due to the failure of the government in identifying religious and linguistic minorities and declaring them as notified minorities, said the PIL.
“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 the benefits available to minorities of other states could also be given to the minorities of J and K.
“Appoint a committee of experts functioning under the direct supervision of this court to submit a comprehensive report identifying communities of the State of Jammu and Kashmir which qualify as religious and linguistic minorities. “Constitute a Special Investigation Team (SIT) headed by a High Court Judge (retired) working under direct supervision of this Court for investigating the illegal and arbitrary disbursement of minority benefits under the Prime Minister’s 15-point Programme to the communities,” the PIL said.
‘The relevant fundamental rights of the minorities in the state have been practically abrogated by not identifying and notifying the minorities. Rights and benefits due to the minorities are being siphoned off arbitrarily and illegally’, it added.
On March 27, the Centre and the J&K Government have been asked by the Supreme Court to “sit together” and find a solution to “contentious” issues including whether over 68 per cent Muslims in the state can be regarded as minority and avail benefits under the category. “This is a very, very important issue. You both (the Centre and State Government) sit together and try to find a solution to the contentious issue,” a bench comprising Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul said. The court asked them to file a proposal on the issue within four weeks. Additional Solicitor General Tushar Mehta, appearing for the Centre said, it is a national issue as in some states the community, which is part of minorities nationally, happens to be in majority. It was also stated that the Sikhs, who fell in the minority category nationally, are in fact a majority in Punjab. Senior advocate Gopal Subramaniam,
representing Jammu and Kashmir, said that the State Government is willing to sit and try to find a solution to the issue.
Taking note of willingness of both the governments, the bench said, “We hope and expect that a fruitful decision will emerge on the next date of hearing.” Earlier on July 12, 2016, the Supreme Court had sought response from the Centre and Jammu and Kashmir Government on the same PIL which alleged that benefits for minorities were being siphoned off by majority of the Muslim population in the State.