Supreme Court retains HC order: Sikhs not minority

Today to get benefit of the reservation by enrolling one’s community or group into either the minority community or the SC, ST category has been the order of the day. After the Gujjar community’s demand to incorporate into the ST category, it’s time for the Sikhs in Punjab to seek status of minority community in the state.

The Supreme Court on Friday declined to stay on Punjab and Haryana HC judgment, which held that Sikhs were not a minority community in Punjab.

A Bench headed by the Chief Justice KG Balkrishnan issued notice to Sahil Mittal, a resident of Sangrur on whose writ, the HC had struck down state’s notification permitting the Shiromani Gurudwara Prabandhak Committee (SGPC) to give 50 per cent reservation to Sikh students in colleges run by it.

The Bench also issued notice to the Centre and Punjab government over why the Punjab High Court’s decision on the ‘Sikh Minority Status’ was not stopped.

Punjab and Haryana HC on December 17, 2007 had by quashing the state government’s notification seeking for the Shiromani Gurudwara Prabandhak Committee (SGPC) to give 50 percent reservation to Sikh students in state colleges run by it, ruled that the Sikhs were not a minority community.

According to the 2001 Census, Sikhs formed 59.2 percent of the state’s population in comparison to Hindus, which hold mere 37 percent.

Also the constitution says that minority status to any community can be decided on the basis of a state’s population and not on the basis of nationwide population figures.

The High Court in its order considering population figures also held that there was no ground to validate Sikhs, a non-dominant group in the state. There was no question of apprehending the deprivation of their rights at the hands of dominant groups.

The SGPC in its claim to retain the minority tag, the community said that only its members could be considered as Sikhs.

The recent claim by SGPC no doubt could commence a fresh battle the different sections within the Sikhs community over counting in the Sikh religion. The SGPC through its claim tried to seek the sections-Nihangs, Nirankaris, Dera Sacha Sauda, and Radha Soamis- following living Gurus, out of fold.

Here it is important to see what counsel Harish Salve and Jayshree Anand said on behalf of the petitioners. They hold the view that SGPC had since its formation in 1925 recognised only those as Sikhs who believed only in "Guru Granth Sahib", the "Ten Gurus".

The SC Bench on the prosecutor’s argument commented “if we go by this submission then Hindus will also become a minority as they are also followers of various sects.”

A group of students filed a petitions in the High Court, who had failed to secure admissions to state’s medical and dental colleges run by SGPC owing to the 50 percent seats reserved for the Sikhs after the state had granted minority status to the Sikh community.

The National Commission for Minority Act had issued a notification on October 23, 1993 declaring Muslims, Christians, Sikhs, Buddhists, and Zoroastrians as minority communities. The SGPC and the state government in its appeal to the Supreme Court had taken shelter under the Minority Act.

The Supreme Court decision to refuse stay on the High Court’s judgment no doubt may create a new battle in Punjab, where SGPC is firm in its decision to keep control over the institutions run by it, and the government which is determined to confer minority status to the Sikh community.