Can Hindus be considered a minority community in any part of India? Are non-Hindus unfairly getting the benefits of minority status even where they shouldn’t be? And how do you define minorities in India in the first place?
On Monday, 11 February, the Supreme Court asked the National Commission for Minorities (NCM) to consider these issues raised in a representation by advocate and BJP spokesperson Ashwini Upadhyay.
Upadhyay has asked for Hindus to be considered minorities in certain states in India where they don’t form the majority of the population, for guidelines to be framed on which communities can be considered minorities, and for a 1993 notification specifying five national minorities (later updated to six) to be struck down.
A bench headed by Chief Justice of India Ranjan Gogoi said they expected the NCM to take a decision in the matter “as early as possible, preferably within a period of three months.” Upadhyay had originally submitted this representation to the NCM on 17 November 2017, after the apex court said it was the appropriate authority, but the NCM had failed to respond to him.
The entire exercise seems to be one in futility, however, since the issues raised in the representation are either already settled in law, or have no basis.
It appears therefore to be yet another dog whistle for the “Hindu khatre mein hai” brigade, and another attempt to rake up a communal agenda in the build-up to the general election.

