Cannot stop wondering why I can't find much details about the grounds on which the Allahabad High Court gave the "historic" judgement on the status of Muslims as minorities in UP.
This news item does mention about the population data, and quotes a figure of 18.5% Muslims in UP (even though I tend to believe that the actual percentage is far above this official figure)
A) Let us assume that population data was indeed a major judging factor
The "National Commission for Minorities Chairman, made a comment that even if its 49 against 51, it should be considered a religious minority... in other words, heads I win, tails you lose.. That indeed is stupid, eventhough the question remains as to what is an agreeable percentage ? In the absence of such a number, if we go by comparison, Kerala stands a stronger case where christians and muslims be denied the minority status and thereby all the privileges "given" and "given by interpretation" under articles 29 and 30 of indian constitution (quoted at the end of this writing) . For here are the figures for Kerala
Hindus constitute 56.20 per cent, Muslims 24.7 per cent and Christians 19 per cent of the total population as per Census 2001 of the State
B) Now let us assume the other way around.
In fact, even though written by a Muslim author, i found some of the following arguments from an article on the net, quite reasonable
Majority’ and ‘Minority’ are classifications non-numerical in character, based on the criteria of dominance or non-dominance in a given society or nation-state....... Definition equates dominance with the majority and non-dominance with minority groups. A non-dominant minority at times may outnumber a dominant majority and conversely a dominant majority can outnumber a non-dominant minority as well.
Hindus are in fact a "non-dominat minority" outnumbering a "dominant majority" in the whole of India, and in particular in Kerala. Doubts ? lets refer to a study conducted by the communist "shastra sahitya parishad" . http://timesofindia.indiatimes.com/articleshow/825415.cms
While a privileged Hindu family owns only an average of 0.69 acres, a Muslim family owns 0.77 acre and a Christian family, 1.264 acre. The report published in September this year says only 80.1% of Hindu houses are in a livable condition, less than that of Muslims (89.7%) and Christians (83.6%)
Would be interesting if this judgement can have any effect in Kerala (a PIL ??) and how the communist govt would react to it !!
from Indian constitution
Article 29 Protection of interests of minorities(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
Article 30 Right of minorities to establish and administer educational institutions(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such propertyis such as would not restrict or abrogate the right guaranteed under that clause.(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Addentum 2 :
Some of my friends asked me if this is good news or not.. Of course, from the fact that Imam Bukhari has already decided to challange it in SC, one can easily judge that its a good one.. But indeed, I guess they were refering to the fact that the population has indeed come to a no: where Muslims are no more a minority.. my reaction - well, truth has to come out, at some point
Another point raised was that if the SC also approves the judgement, whether the govt will go for a Shah Bano kind of legislation ? well, nothing can be ruled out with the MMS govt ( no it does not stand for Man Mohan Singh, it stands for , as I have mentioned previously Madama Maino Sonia )