My Letter to the Chief Justice of India

My Letter to the Chief Justice of India,

Supreme Court, New Delhi.

I have addressed the following letter to the CJI. The letter is sent by Speed Post. 

Copies have been sent by ordinary post to The President of India, Shri Arun Jaitley, BJP Offices in New Delhi, Shri Ram Madhav (RSS) and Dr. Praveenbhai Togadiya (VHP)

18th November 2013

The Chief Justice of India
Supreme Court
Tilak Marg, New Delhi 110001

Your Lordship,

        Sub: Prayer for stopping the 

                Subversion of our Constitution

Hindu Voice is a registered Monthly magazine, published in English and Hindi, since April 2002, espousing the cause of Hindutva. We have subscribers all over the world, to whom copies are sent every month by post.
 

I am concerned at the blatant subversion/violation of our constitution, by our Central and State Governments. Hence I am writing to you, requesting for remedial measures.
 

Enclosed is  a copy of a letter dated 31st October 2013, from the CPIO and the Under Secretary to the Govt. of India, New Delhi, addressed to a reader of Hindu Voice, Shri Anil Shantaram Gudekar, giving information under the RTI Act, 2005, on Articles 29, 30, and 350 A&B.
 

Article 29 of our Constitution titled ‘Protection of interests of minorities’ says: “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”. The Article does not talk about ‘Muslims’ or ‘Christians’  or religion, but only about ‘language, script or culture’. So, the question of ‘religious minority’ does not arise at all.
 

I am a Tamilian (from Tuticorin) and am settled in Mumbai since January 1970. Article 29 gives me the right to conserve my ‘language, script or culture’. Looking at the diversity of our nation (with different castes, languages, scripts, life styles, etc), the framers of our Constitution have prudently inserted Article 29, with a view to strengthening national integration.
 

However, this Article 29 meant for protecting the ‘language, script or culture’ has been distorted to give it a religious (read communal) colour. The Article is twisted to mean only Muslims and Christians, against the intention of our Constitution framers. The term ‘language, script or culture’ is given a go by and the term ‘religious minorities’ has taken its place.
 

Further this right to conserve the ‘language, script or culture’ is denied to those who have settled in J&K, Nagaland, Mizoram, etc. from other parts of our country, by the majority community there. On the contrary, the majority in these states are still treated as a minority.
 

This is a subversion of our Constitution by the continuous governments at the Centre and in the States.
 

Further, the Govt. of India has enacted a law - National Commission for  Minorities Act, 1992, without defining the word ‘minority’. However, under this act, the Govt. has declared five religious communities - Muslims, Christians, Sikhs, Bhuddists and Parsis - as minorities. 
 

Article 15 (1) of our constitution says: “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them”.
 

When the constitution prohibits any discrimination of the citizens on the basis of religion, how can a law be enacted discriminating people on the basis of religion? Hence, the National Commission for Minorities Act, 1992 is unconstitutional.
 

First, the Govt. of India has snatched away the rights available to me as a linguistic minority in Maharashtra and has wrongly conferred it on religious minorities, i.e. Muslims and Christians, violating Article 29 of our Constitution.
 

Second, by enacting a law - National Commission for  Minorities Act, 1992 - the Govt. of India has violated Article 15 (1) of the Constitution.
I therefore pray to your Lordship:
 

(1)     To declare that the National Commission for  Minorities Act, 1992 is ultra vires Article 15 (1) of our Constitution.
 

(2)     To declare unconstitutional the pronouncement of our Prime Minister that ‘Minorities, particularly Muslims, must have the first claim on our resources’ made on 9th Dec. 2006 at the National Development Council Meeting in New Delhi.
 

(3)     To ban all reservations by the Central and State Governments, made on the basis of religion, violating Article 15 of our Constitution.
 

(4)     To order all state governments to wind up their Minority Affairs Ministry, or instruct them that the MAM should protect and conserve the ‘distinct language, script or culture’ of people of other states settled in their states, and no religious tone should be attached to MAM.
 

(5)     To order all political parties that any reference to religious minorities amounts to dividing the citizen on the basis of religion and is a violation of our Constitution and hence it should be stopped forthwith.
 

(6)     To declare that all the schemes, special privileges and monetary benefits given to anyone on the basis of religion and all pronouncements made favouring religious minorities, either by the Central or State Governments, are null and void.
 

(7)     To ban the establishment of “Special Courts” for speedy trial of Muslims, and also to ban all Sharia courts.
 

(8)     To order the abolition of Minority Commissions established by all state governments on religious basis.
 

(9)     To ban the establishment of ‘Minority Cells’ based on religions, by all political parties.
 

(10)     To ban the appointment of any Committee, present or in future, to recommend welfare schemes for the benefit of any section of the citizens on the basis of religion.
 

Your Lordship will understand that ours is a secular nation, and anything done on the basis of religion is against the canon of secularism enshrined in our constitution. But the Govt. of India is tomtoming about secularism and at the same time is providing special privileges to a section of the people purely on the basis of religion. This is just oxymoron, apart from being unconstitutional. Also, discrimination on the basis of religion is against the canons of Justice, Equality and Fraternity as enshrined in the Preamble to our Constitution.
 

I hope your Lordship will take this letter as a PIL, hear my appeal favourably and grant my prayers.

Yours truly
(P. Deivamuthu)
Editor, Printer & Publisher
Hindu Voice

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A Fraud on Hindus

A Fraud on Hindus

'Minority Rights' meant for Hindus,
but hijacked by Muslims!

(Editorial in Hindu Voice, November 2013)

Whenever the word ‘minority’ is used, the general perception is that it connotes Muslims and Christians. But is it really so? An in-depth analysis of our Constitutional provisions will reveal that it is actually meant for Hindus migrating from one state to another. Read on.

The word ‘minority’ is not defined in our Constitution. However, there are two Articles in our Constitution - Articles 29 & 30 - which mention the word ‘minority’.

Article 29 is titled ‘Protection of interests of minorities’. Here, the word ‘minority’ does not refer to Muslims or Christians at all. Minoritism is not related to religion, and the framers of our constitution have not given any special privileges for Muslims or Christians (as it will be against the canon of equality). However this article is twisted and tangled  by the continuous Congress Govts., as though it is meant for protecting the interests of Muslims and Christians. Now let us see what Article 29 says.

Article 29 of our Constitution titled ‘Protection of interests of minorities’ says: “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”. The Article does not talk about ‘Muslims’ or ‘Christians’  or religion, but only about ‘language, script or culture’. So, the question of ‘religious minority’ does not arise at all. “Religious minority” is a creation of the Congress party, distorting our constitution, with vote bank considerations.

If at all there is a need for Article 29, it is for Hindus in states like J&K, Nagaland and Mizoram, etc., where the cultural and linguistic identities of people from other states (i.e. Hindus) have to be conserved. But strangely, the people from other states are not treated as cultural or linguistic minorities in these states, and their minority interests are not protected. This is a clear violation of Article 29.

Similarly Article 30 titled ‘Right of minorities to establish and administer educational institutions’ says: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice”. This Article DOES talk about all religious as well as linguistic minorities, but to establish educational institutions only. 

Hence it is quite clear that the word ‘minority’ mentioned in our Constitution does not mean Muslims and Christians. It talks about cultural and linguistic minorities and protection of their interests (and  NOT the interest of religious minorities as is generally believed). Religion no where comes into the picture (except for establishing educational institutions).

For example, I hail from Tamil Nadu and am settled in Mumbai for four decades. Hence, according to Article 29, I am a ‘minority’ in Maharashtra. It gives me the right to protect and conserve my language, script, dress code, etc. Looking at the diversity of our nation (with different castes, languages, scripts, life styles, etc), the framers of our Constitution have prudently inserted Article 29. 

Legally speaking, since I am a minority in Maharashtra, under Article 29 of the Constitution, I am entitled to all the benefits that are being wrongly provided to Muslims alone under the various schemes of the UPA Govt.

However, the UPA Govt. has twisted the word ‘minority’ to give it a religious (read communal) colour so as to mean Muslims alone, disregarding the ‘language, script and culture’ aspects mentioned in Article 29. In fact, the word ‘minority’ has been hijacked by Muslims, with the connivance of the Congress party, to blackmail (with vote-bank) and derive undue benefits from the Govt.

Therefore, all the special benefits and privileges announced by the UPA Govt. for religious minorities, including the appointment of Sachar Committee, are ultra vires our Constitution. The Constitution does not confer any special rights on the basis of religion. (Hinduism is not a religion - it is a way of life - as per our Supreme Court).

Thus, the Minority Affairs Ministry (MAM) of every State Govt. has a duty to protect the interests of the linguistic and cultural minorities in their states, i.e. people who have come from other states and settled in their states. For example, MAM of the Maharashtra Govt. has to protect the interests of Biharis residing in Maharashtra against the onslaught of Raj Thackery. This is exactly what is meant by ‘Protection of interests of minorities’. But today the MAM takes care of the interests of only Muslims (and Christians), by wilful and wrong interpretation of our Constitution. The linguistic and cultural minorities (like Biharis and Tamilians in Mumbai or Maharashtrians in Thanjavoor, TN, or Sikhs staying in all states) are left out of the care of the MAM, which is a violation of Article 29. 

It is Hindus alone who are having different language and script - and NOT Muslims and Christians (global communities with same language, script and culture). Hence, the constitutional rights under Article 29 are available only to Hindus. These constitutional rights meant for Hindus when they go and settle in other states, are stolen and conferred upon Muslims and Christians, when it is not meant for them. It is a fraud on Hindus.

The word ‘minority’ meaning Muslims and Christians is peculiar only for our country. No where in the world, repeat no where, you find this concept of minority-majority. Indians, especially Hindus, have settled down in USA, UK, Australia, etc. Are they treated as minorities in those countries? Do they get any special rights there? They are all citizens of those countries with equal rights and duties. Then why should India be different?

India is not different. Our constitution makers have NOT made it different, but our crooked politicians, especially the Congressmen, have made it to be so. They have distorted our constitution to suit their vote-bank politics. In fact, the Congress party is perpetrating a fraud on Hindus, by depriving them of their rights and conferring it on Muslims.