08-13-2005, 10:10 AM
http://www.newkerala.com/news.php?action...s&id=13282
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--> Sikhs, Jains components of broader Hindu religion, says Supreme Court
New Delhi: The Supreme Court today directed that the Constitution of India does not view Sikhs and Jains as separate national minorities beyond the periphery of Hindu religion. A three-member Bench said that Sikhs, Jains should be looked upon in a wide spectrum which comprises many faiths.
âThe so-called minority communities like Sikhs and Jains were not treated as national minorities at the time of framing of the Constitution. Sikhs and Jains , in fact, have throughout been treated as part of wider Hindu community, which has different sects, sub-sects, faiths, modes of worship and religious philosophies, â said the Bench of Chief Justice R.C.Lahoti, Justice D.M.Dharmadhikari and Justice P.K.Balasubramanyan while considering an appeal made by Bal Patil and others against the Bombay High Court.
The petitioners demanded from the Union Government to notify :
âJainsâ as a minority community under Section 2© of the National Commission for Minortity Act, the Bench said: âWe do not find that any case is made out for grant of any relief to appellants in exercise of writ jurisdiction of the High Court and hence, the writ jurisdiction of this (apex) court. â
Rejecting the plea the Court said : âWe should guard against making our country akin to a theocratic State based on multi-nationalism. Our concept of secularism, to put in a nutshell, is that the State will have no relgion.â
The Bench maintained, while asking the National Minorities Commission to â gear up it activitiesâ to keep all religious groups in the right direction with â constitutional perspective, principles and ideals in its viewâ.
Justice Dharmadhikari, while writing the judgement for the Bench , stated that the Constitution had clearly laid down that the State will treat all religions and religious groups equally and with equal respect without, in any manner, interfering with their individual rights or religions, faith and worship.â
The designated Apex Court informed that in various codified customary laws like the Hindu Marriage Act, the Hindu Succession Act, the Hindu Adoption and Maintenance Act and other laws of pre and post-Constituion period, the definition of âHinduâ comprised all sects, sub-sects of Hindu relgion, which also includes Sikhs and Jains.
It said by accepting such an argument to recognise every religious group within the broad Hindu relgion as a separate religious minority was accepted and such tendencies of such sort were encouraged , â the whole country , which is already under class and social conflicts due to various divisive forces, will further face division on the basis of religious diversitiesâ.
âSuch claims to minority status based on religion would increase in the fond hope of various section of people getting special protections, privileges and treatment as part of constitutional guarantee, â the court said.
It added â a claim by one group of citizens would lead to a similar claim by another group and conflict and strife would ensueâ.
Making things more apparent the Court further stated that the framers of the Constitution had âengraftedâ a group of Articles (25 to 30) in the Constitution recognising only Muslims, Christians, Anglo-Indians and Parsis as relgious minorities at national level by taking into consideration the historic background on how these communities had emerged over a long periods of time during the Mughal and British rule.
It further said that the Union Government , in its affidavit, had taken the stand that in accordance with the law laid down by the majority judgement in TMA Pai case by the apex court regarding the statues of minority educational institutons in the country , it had been left to State Governments to decide as to where Jain community should be treated as minority .
The Court noted that in States like Chattisgarh, Maharashtra and Uttranchal, Jains had already been notified as minority in accordance with the provision of the respective State Minority Commission Acts. <!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--> Sikhs, Jains components of broader Hindu religion, says Supreme Court
New Delhi: The Supreme Court today directed that the Constitution of India does not view Sikhs and Jains as separate national minorities beyond the periphery of Hindu religion. A three-member Bench said that Sikhs, Jains should be looked upon in a wide spectrum which comprises many faiths.
âThe so-called minority communities like Sikhs and Jains were not treated as national minorities at the time of framing of the Constitution. Sikhs and Jains , in fact, have throughout been treated as part of wider Hindu community, which has different sects, sub-sects, faiths, modes of worship and religious philosophies, â said the Bench of Chief Justice R.C.Lahoti, Justice D.M.Dharmadhikari and Justice P.K.Balasubramanyan while considering an appeal made by Bal Patil and others against the Bombay High Court.
The petitioners demanded from the Union Government to notify :
âJainsâ as a minority community under Section 2© of the National Commission for Minortity Act, the Bench said: âWe do not find that any case is made out for grant of any relief to appellants in exercise of writ jurisdiction of the High Court and hence, the writ jurisdiction of this (apex) court. â
Rejecting the plea the Court said : âWe should guard against making our country akin to a theocratic State based on multi-nationalism. Our concept of secularism, to put in a nutshell, is that the State will have no relgion.â
The Bench maintained, while asking the National Minorities Commission to â gear up it activitiesâ to keep all religious groups in the right direction with â constitutional perspective, principles and ideals in its viewâ.
Justice Dharmadhikari, while writing the judgement for the Bench , stated that the Constitution had clearly laid down that the State will treat all religions and religious groups equally and with equal respect without, in any manner, interfering with their individual rights or religions, faith and worship.â
The designated Apex Court informed that in various codified customary laws like the Hindu Marriage Act, the Hindu Succession Act, the Hindu Adoption and Maintenance Act and other laws of pre and post-Constituion period, the definition of âHinduâ comprised all sects, sub-sects of Hindu relgion, which also includes Sikhs and Jains.
It said by accepting such an argument to recognise every religious group within the broad Hindu relgion as a separate religious minority was accepted and such tendencies of such sort were encouraged , â the whole country , which is already under class and social conflicts due to various divisive forces, will further face division on the basis of religious diversitiesâ.
âSuch claims to minority status based on religion would increase in the fond hope of various section of people getting special protections, privileges and treatment as part of constitutional guarantee, â the court said.
It added â a claim by one group of citizens would lead to a similar claim by another group and conflict and strife would ensueâ.
Making things more apparent the Court further stated that the framers of the Constitution had âengraftedâ a group of Articles (25 to 30) in the Constitution recognising only Muslims, Christians, Anglo-Indians and Parsis as relgious minorities at national level by taking into consideration the historic background on how these communities had emerged over a long periods of time during the Mughal and British rule.
It further said that the Union Government , in its affidavit, had taken the stand that in accordance with the law laid down by the majority judgement in TMA Pai case by the apex court regarding the statues of minority educational institutons in the country , it had been left to State Governments to decide as to where Jain community should be treated as minority .
The Court noted that in States like Chattisgarh, Maharashtra and Uttranchal, Jains had already been notified as minority in accordance with the provision of the respective State Minority Commission Acts. <!--QuoteEnd--><!--QuoteEEnd-->