In a rather untraditional take - also a first in over six decades - the Supreme Court has questioned how Muslims in Jammu and Kashmir were accorded minority status.
In J&K, Muslims form 68.31% of the population. Despite this, because of a national 'minority' status they enjoy the larger share of benefits meant for the minorities. A Supreme Court bench now has come forward to address this issue.
According to a report in The Pioneer, an SC bench comprising of Chief Justice TS Thakur and Justice DY Chandrachud on Tuesday has asked the State Government and the National Minorities Commission on why has been a lack of will addressing minorities issues in the Valley.
The SC also asked why there is no State Minority Commission in J&K. The order came on a PIL filed by one Anukur Sharma, both a lawyer and a local resident of Jammu, The Pioneer reported.
The PIL revealed highlighted two instances of discrimination when high-value scholarships under the Prime Minister’s 15-Point Programme for Welfare of Minorities were awarded largely to majorities.
Out of a total of 753 scholarships, 717 were pocketed by Muslims, followed by Buddhists (22), Sikhs (12) and Christians (2) in the State.
Even the loan scheme offered by the National Minorities Development and Finance Corporation (NMDFC) lists Muslim males as top beneficiaries along with other minority communities.
The PIL also revealed that Jammu and Kashmir has no laws for protecting minorities neither it recognises any minorities. Such an exercise are mandatory under the National Commission for Minorities (NCM) Act, 1992.
“Siphoning off minority rights clandestinely and illegally to the majority community is like playing to the gallery for vote bank politics,” the petitioner said, adding, “In the name of religion, rights of actual minorities in the State are being taken away”.
The petitioner wrote to the State authorities but failed to get any response. His PIL on the issue was not allowed to be listed before the Jammu & Kashmir High Court in May 2016 following which he approached the apex court.
