Ahimsa Times 2008 10 SrNo 100

SR No.: 523600
Original Sutra Author: N/A
Author: Ahimsa Times
Publisher: Ahimsa Times
Publication Year: 2008
Total Pages: 19
Language: English
Classification: Magazine, India_Ahimsa Times, & India
File Size: 465 KB

Page 15

AHIMSA TIMES - OCTOBER 2008 ISSUE - www.jainsamaj.org
Page 15 of 19
statesmen, to handle this enormous power of judicial review in the interests of the people of India."
42. Therefore, the almost insoluble Constitutional dilemma created by the SC decision in the Jain minority matter can be only resolved by a Constitution Bench of nine or more Judges by "choosing the appropriate case and by adopting the appropriate procedure" as noted by Palkhivala (In the aforesaid context it would be relevant to note an article by the late eminent jurist, N.A. Palkhivala "India Remains Secular Full Bench Needed to End Confusion" published in The Times of India on Feb.5, 1996.) if the Constitution is to be saved from the judiciary and the judiciary from itself.
43. In the foregoing context the Jain community is aggrieved at this decision which treats Jains as part of Hinduism. Some Congress ruled States have declared Jains as a minority religions community in pursuance of direction issued by the Congress President, Smt. Sonia Gandhi. Now there is no reason why the Central Government should not give Jains the national minority religious community status.
44. It is important to bear in mind that declaration by a State of Minority status for the Jain community will not be enough unless and until the Central Notification under the National Minorities Commission Act, 1992 also includes Jain community as a Minority community on par with other Minority communities such as Muslim, Christian, Sikh, Buddhist and Zoroastrian which is the crux of the prayer in SC Civil Appeal. Such inclusion is essential because Minority status on the State level is subject to political fluctuations if there is no State Minority Act. For example, in Maharashtra State Minority Commission which had no statutary basis was wound up in 1995 when there was a non-Congress BJP-SS coalition government.
45. To press home the utterly absurd logic of the piecemeal declaration of minority status by the States concerned would lead to a constitutionally chaotic situation. For example, the Jain community would be eligible for minority benefits in the States in which it has been declared a minority but would be denied the same in other States where there is no such recognition. Therefore this contradiction can be only resolved by first clearly identifying the religious minorities and notifying the Jain community as a minority as recommended twice by the National Commission of Minorities.
46. Finally, in case the Government of India still entertains any misgivings on granting Jain community minority status on the national level ostensibly in pursuance of the ruling given in the 11-Judge Bench decision of the TMA Pai Foundation case then in that case the Government in all constitutional conscience should de-notify the national minorities declared under the National Minorities Commission and scrap the National Minorities Commission as also the National Religious & Linguistic Minorities Commission as these would no longer have any locus standi and proceed de novo for the determination of religious and linguistic minorities on State level.
47. It is respectfully submitted that the Jain community feels aggrieved because there is no uniform and statutory all-Indian recognition of their minority status. The Jain community has got its own ancient, independent cultural and religious heritage and is unquestionably a minority religious community. It is also aggrieved because it has no representation in the National Minorities Commission. There is a feeling that Jains have been denied what is obviously due to them because they have not taken to the turbulent path of agitation. The Jains are a peaceful community but appropriate representation should not be withheld from them because of their principled adherence to peace.
48. The Jain community should have uniform access to minority welfare programmes enunciated by the Common Minimum Programme. The denial of the minority status to the Jains will mean their death warrant as a distinctive religious cultural group especially when all other minorities are going to be recognized. Although a few Jains hold important positions in industry and commerce and other spheres of life which is also the case with other religious minority communities, as a community the Jains have amongst them backward sections like in other minority or majority communities.
49. It is pertinent to note that the major portion of the Jain community in Maharashtra State incidentally has the highest Jain population in one State in India- and Karnataka States is agricultural community. In Karnataka and Maharashtra States the Jain community are eligible for benefits available to backward communities. The Jain community, therefore, demands in the first place that the Jains be treated as a national minority and given all rights and privileges which are given to other minority communities., and that they should be brought into the mainstream of
http://jainsamaj.org/magazines/october-2008.htm
8/11/2009