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The Allahabad High Court Thursday ruled that Muslims were not entitled to be treated as religious minorities in Uttar Pradesh, India's most populous state.

The verdict came in a writ petition filed by a madrasa (Muslim seminary) seeking funding from the government on the plea that it was a minorities institution and hence entitled to various benefits in accordance with a declared government order.

Issuing the judgement, the bench comprising Justice S.N. Srivastava said, "Muslims are not entitled to be recognised as a religious minority."

The judge said: "The impugned order passed by Uttar Pradesh recognising opposite parties No 4 to 6 (certain minorities institutions) for grants-in-aid as religious minorities institution is quashed and it is held that any institution founded by the petitioner or by the opposite parties are not entitled to be recognised for grants-in-aid as religious minorities institution in the state."

Seeking to reason out, he added: "After applying the twin criterion of population and strength of a religious community as laid down by the founding fathers of the Indian constitution, as is clear from the proceedings of the constituent assembly, the court finds that Muslims have ceased to be a religious minority community in Uttar Pradesh."

Justice Srivastava said: "Based on the material put on record and the census report of 1951 and 2002, Muslims are not entitled to be recognised as a religious minority."

"Uttar Pradesh is directed to treat any member of the Muslim community as equal to other non-Muslim minority religious communities without discriminating in any respect in accordance with law," he added.

Moved by Ghazipur-based madrasa Noor-ul-Islam, the petition had sought the court's intervention to get itself included on the list of Islamic institutions entitled to regular government grants.

The verdict has caused a sensation in the currently volatile political circles of Uttar Pradesh where electioneering is in full swing for the seven-phase assembly poll commencing April 7.

IANS | April 5, 2007

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