Friday, November 21, 2014

My Letter to the PM

 My Letter to the PM

Use of the term ‘Religious Minority’ is unconstitutional

17th November 2014

Shri Narendra Modi Ji
Prime Minister of India
7 Race Course Road
New Delhi 110001

Dear Prime Minister,

Sub: Use of the term ‘Religious Minority’ is unconstitutional

There is no term as ‘Religious Minority’ in our Constitution. However, the Nehruvian Congress has hijacked the word ‘minority’ as mentioned in Article 29 of our Constitution, to mean Muslims and Christians, which is a distortion and subversion.

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.

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, to conserve citizens language, script and way of life when they go and settle in other states, 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 by the ‘secular’ dispensation. 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.

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

Further, 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”. Still, 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 - (and now Jains also) as minorities. 

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 linguistic minorities 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 humbly request you:
(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 (1) of our Constitution.
(4)     To order all state governments (including YOUR GOVT.) 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. However, ‘Minority Cells’ meant to conserve the ‘distinct language, script or culture’ of citizens from other states is perfectly OK.
(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.

You 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 earlier Govt. of India was tomtoming about secularism and at the same time was 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. This is also against  Article 51A (e) - Fundamental Duties - “to promote harmony and the spirit of common brotherhood amongst all the people of India ...”

I hope your Govt. will take necessary steps to correct this purported anomaly, and treat all citizens - irrespective of religion, caste, creed, language or colour - equally as guaranteed in our constitution.
Thanking you,

Yours truly
(P. Deivamuthu)
Editor, Hindu Voice
Teen Dongri, Yashwant Nagar
Goregaon West, Mumbai 400062
Tel: 022-28764460, 28764418, 09324728153


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