CITIZENS ASSOCIATION FOR DEMOCRACY , EQUALITY, TRANQUILITY AND SECULARISM (CADETS IN SHORT) Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a Public Interest Litigation filed by a registered Organisation registered under the Indian Trusts Act, 1882 at the office of the District Registrar, Ernakulam. According to the petitioner, the aims and objects of the petitioner Organisation include fight against discrimination on the basis of religion, caste, sex etc. and for maintaining equality among the citizens and peace and tranquility in all fields of life and to uphold the principles of secularism.

(2.) The grievance highlighted by the petitioner is in regard to the minority status continued to the Muslim and Christian communities in the State of Kerala, since according to the petitioner, the members of such communities have grown up to such a level in the fields of socio- economic and education, and therefore, their status is to be redetermined. It is also submitted that the report of the Committee appointed by the State Government, namely Paloli Muhammed kutty Committee, is a falsely created one suppressing the facts and figures so as to give undue advantage to the Muslim Communities and as such, it cannot be acted upon.

(3.) It was the predominant submission that the original inhabitants of India were termed as Hindus, and later with the advent of the Arabs and Christian Missionaries, several citizens of this country got converted to Islam and Christianity. It is also the case that the British regime, as part of their strategy to perpetuate their rule, divided the inhabitants as Hindus, Muslims and Christians etc. According to the petitioner, neither the Constitution nor any other enactments have defined the term 'minority'. But, the Government of India introduced an enactment by name National Commission for Minorities Act, 1992 and even in the said Act, instead of defining minority, certain religious communities were included in the list of minorities.