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Clarifications by Shri Bal Patil, president@globaljains.com, JAIN MEMBER, MAHARASHTRA STATE MINORITIES COMMISSION, CHAIRMAN, JAIN MINORITY STATUS COMMITTEE, DAKSHIN BHARAT JAIN SABHA - I am concerned to draw your attention to the erroneous and misleading report in the Ahimsa Times January 2005 issue on MINORITY STATUS FOR JAIN COMMUNITY. The Supreme Court had given directive on my Special Leave Petition on behalf of the Dakshin Bharat Jain Sabha for the declaration by the Central Government in pursuance of the recommendation made by the National Minority Commission in 1994 and repeated in 1996 that Jain community should be recognized as a minority community. This should be notified by a notification of Central Government for the minority status for the Jain community on all-India basis, on par with the other national minorities such as Muslim, Christian, Sikh, Buddhist and Zoroastrian (Parsi) as notified under the National Commission for Minorities Act, 1992. It is not correct to state as mentioned in your report that “In response to the Affidavit filed by the Central Government, the Supreme Court has given ruling that under section 30 of the constitution, the decision about according minority status on the grounds of language and religion can be taken by the respective state Governments and not by Central Government”. There is an Affidavit filed by the Central government but it is response to the directive given to the Central Government by the Supreme Court in my Appeal on 29th July 2004 to take a final decision on the issue of according minority status to the Jain community as recommended by the National Minority Commission pending for more than ten years. It is in this Affidavit the Central Government cites the 11-Judge Bench ruling in the TMA Pai Foundation case that the “religious and linguistic minorities , who have been put on a par in Article 30 , have to be considered State wise.” Thus this ruling in the TMA Pai Foundation case was not given in response to any Affidavit filed by the Central Government. However the Affidavit now filed by the Central Government in response to the SC Order on 29th July, 2004 in my appeal has not only totally side-stepped the issue but appears to be a willful contempt of the gist of the Supreme court Order as will be clear from the following sequence of the legal process in my Writ Petitions in the Bombay High Court and the Special Leave Petition in the Supreme Court. The Bombay High Court, Division Bench, in my Petition filed on behalf of the Dakshin Bharat Jain Sabha in 1997 for the declaration of the Jain community as a minority community as recommended by the National Minority Commission by its inclusion in the Notification issued under the National Minority Commission Act, 1992 on par with Muslim, Christian, Sikh, Buddhist and Zoroastrian (Parsi) communities Division Bench directed the Central Government “to take the decision in the matter expeditiously and as early as possible having regard to the significance of the question involved as recommended by the National Minority Commission." In spite of the directions given by the High Court, no decision was taken by the Central Government. Aggrieved by such inaction on the part of the Government I was constrained to file the second Writ Petition in the Bombay High Court in 1998. In this Petition the Union of India, in its Counter-Affidavit took the stand that the point raised in the writ petition was pending for consideration in the Supreme court in T.M.A. Pai Foundation & Ors. Vs. state of Karnataka & Ors. The Bombay High Court Dn. Bench disposed of the petition by observing: “Having regard to the aforesaid averments contained in the affidavit in reply more particularly the assertion that a conscientious decision will be taken in relation to the issue at hand after the decision of the Apex court in the matter of TMA Pai Foundation, we do not find that any useful purpose will be served by keeping the present petition pending.” Hence the Dn. Bench disposed of my petition by concluding that “All the contentions raised in the present petition are kept open.” Then I took up the matter in a Special Leave Petition to the Supreme Court of India for which leave was granted and thus the matter in my appeal came up for hearing before the Supreme Court Dn.Bench of Justice Ashok Bhan and Justice C.H. Kapadia on July 20, 2004. The Hon’ble Dn. Bench of the Supreme Court in its Order summed up the progress of the matter as heretofore stated and particularly noted that “In T.M.A. Foundation’s case “the point raised in this appeal was neither raised nor decided. a final decision has now to be taken by the Government on the aforesaid recommendation made by the Commission.” The Supreme Court Order, therefore, directed : “since the recommendations are pending for consideration before the Central Government for the last ten years and a final decision has to be taken we adjourn this case to enable the government to take a final decision on the point within four months from today. It is made clear that no further time shall be granted to the Union of India.” Thus the Supreme court listed the matter in the second week of December, 2004. After this directive the Jain community from all over India sent appeals to the Prime Minister, Dr.Manmohan Singh, Mrs.Sonia Gandhi, President, Indian National Congress, the President of India, and other dignitaries for granting minority status to the Jain community. But unfortunately even after this stern and uncompromising directive by the Supreme Court of India the Union of India failed to take a decision and merely took up the stand in its Affidavit made in response to the Supreme Court Order as follows: “ 2. That it is respectfully submitted that in the case of TMA Pai Foundation and Others Vs. State of Karnataka and Others the Eleven Judges Bench of the Supreme Court in its majority view observed as follows: “Linguistic and Religious Minorities are covered by expression ‘Minority’ under Article 30 of the constitution. since reorganization of States in India has been on linguistic lines, therefore, for the purpose of determining the minority, the unit will be the State and not the whole of India. Thus, religious and linguistic minorities who have been put on par in Article 30 have to be considered State-wise.” The crux of the matter is that the this Affidavit has utterly failed to take into account the issues raised in my petition as pointedly noted by the Supreme Court Order itself directing the Central Government to take a final decision within four months. After noting that in TMA Pai foundation’s case the point raised in my appeal "was neither raised nor decided" and that a final decision has now to be taken by the Central Government on the aforesaid recommendations made by the National Minority Commission, that is, a decision has to be taken under the purview of the National Minority Commission Act 1992 and the Notification issued there under. What is required to be done in terms of the prayer in my Appeal is to declare the Jain community in the as a ‘minority’ u/s 2 of the National Commission for Minorities Act, 1992. In the aforementioned context the Government Affidavit not only betrays non-compliance with the Supreme Court directive but also shows evasion of the direction and sidetracking the issue which may amount to wilful disobedience of the Court (civil contempt.) Therefore, your report gives an utterly mistaken impression that the issue of the Jain minority has to be determined by the respective States under Article 30. That is the submission in the Central Government Affidavit which stands clearly contradicted by the Supreme court Order itself. The gist of the Supreme Court directive was that the Central Government should take a decision and communicate to the Supreme Court as to whether the Central Government would include Jain community in the Notification dated 23rd Oct. 1993 or not. The question is not whether the States are competent to take a decision on the minority status. The question does not arise. It is one whether the Central Government would give minority status to the Jain community on par with other minority communities as recommended by the National Commission of Minorities so declared under the same Notification. This issue the Government has sidetracked. The issue will come up again for hearing in the Supreme Court shortly. It is noteworthy that after this Supreme Court Order the leaders of the Jain community irrespective of the sectarian status issued appeals to the President of India, the Prime Minister, Dr.Manmohan singh and Mrs. Sonia Gandhi to take an expeditious decision. In pursuance of my appeal Mr.D.S. Gardi, President of the all-India Shwetambar Conference wrote letters to the Prime Minister and Mrs.Sonia Gandhi. Mr.Pratap Bhogilal, President of the World Jain Confederation led a delegation of the prominent Shwetambar leaders to the Social Justice Minister, Smt.Meira Kumar to make an appeal for a favourable Government decision when I had the privilege to be their spokesman. In the foregoing context, the non-compliance with the Supreme Court directive amounts to a blatant discrimination against the Jain community vis-à-vis the five communities notified as ‘minorities’ u/s.2(c) of the National Commission of Minorities Act 1992. The Ahimsa Times has issued a White Paper recently stressing the paramount need for the unity of the Jain Samaj. It is in pursuance of this spirit of Jain unity I make an humble appeal to the Jain community through your columns to extend unanimous support to the constitutional demand for Jain minority status on all-India basis. To conclude, the Jain community cannot rest until the Central Government grants its constitutional right of minority status. May I say humbly that mine is the only case in any court of law of India seeking the Constitutional minority status for the Jain community on all-India basis. Finally I make an earnest appeal to you to publish my clarification and correction of the Jain minority issue in the Supreme Court so as to give its samyak perspective to your readers. --------------------------------------------------
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