Friday, May 3, 2013

The combination of such religious groups including Sikh, Jain, Buddhist, Sufis, each and every tribal having separate God and Goddess


'Hinduism' did not represent a religion and represents culture or civilization of India. The combination of such religious groups including Sikh, Jain, Buddhist, Sufis, each and every tribal having separate God and Goddess and  Hindu Society divided on caste, creed and other religions mentioned in the preceding paragraphs of the judgment (supra) which cannot be considered one religious group according to the definition of the religion decided by the Apex Court and as such the Muslims religious community constitute only single largest religious majority in Uttar Pradesh. The Constitution never intended to create a religious group based on theocracy in the name of religion but its intention was to give protection to the religions, population of which were about one and half percent or slightly above at the time of partition and  to equate them with other members of the society.
In view of the discussions made above, the Court holds that as follows:-
(a) Muslims have now ceased to be religious minorities in India  and in any case in State of Uttar Pradesh on the basis of their population & strength.
(b) Muslims also constitute an important part of the citizenry of India and has a important role to play in developing India as a strong nation. It is necessary that all citizens must be assimilated as citizenry of India who are also liable to perform their duties towards the nation and society at large as contemplated under Article 51-A of the Constitution of India.
(c) As the Muslim Community  are part and parcel of the society and part of  Indian citizenry, the Madarsas established by them are entitled to have equal treatment  in comparison to other Schools/institutions established by other citizens of India.
To develop good temperament, humanism and sense of equality to preserve rich heritage and India's composite culture and to develop patriotism in the citizenry of India, it is a necessity that all Schools/Institutions including Madarsas are liable to teach fundamental duties and Moral Education (not religious) to their students who are future citizens of the country to make India a strong and developed in the World.  Union of India and State of Uttar Pradesh are directed to take necessary steps accordingly to make education of fundamental duties and Moral Education as compulsory subjects in all the Schols and Institutions established by all religious communities including Madarsas so that the citizenry of India and younger generation may be developed according to the dream of the Constituent Assembly which gave us Constitution of India.  This Court is further of the view that in order to develop India as a strong, developed and powerful nation, the fundamental duties under Article 51-A of the Constitution of India may be made enforceable.    The U.P. Board of High School and Intermediate Education has made fundamental duties one of the compulsory teaching subjects from the Session 2007-2008.   Constitution of India  which is a living document adopted by the people of India for social, economic, political justice and for secularism and for democracy.  Each and every citizen of India has liberty of thought, belief, faith, worship and equality of status and as such the petitioners or the opposite parties no. 4 to 6 or any member of the Indian society have got a right to perform the religious rites but are not entitled to get any privilege under Articles 29 and 30 of the Constitution of India. Every citizen of India is also liable to perform certain duties as enshrined under Article  51-A of the Constitution of India, the same is being quoted below:-
"51-A. Fundamental duties.- It shall be the duty of every citizen of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c)  to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst al the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years."
Constituent Assembly provided protection to Religious Minority Communities to ensure equality with rest of the society which was felt necessary by the framers of Constitution of India taking into consideration the circumstances prevailing at that time.  
In Ahmedabad St. Xaviers' College Society Vs. State of Gujarat, (1974) 1 SCC 717, in paragraph 9', the Apex Court has held that:
"9.  Every section of the public, the majority as well as minority has rights in respect of religion as contemplated in Articles 25 and 26 and rights in respect of language, script, culture as contemplated in Article 29. The whole object of conferring the right on minorities under Article 30 is to ensure that there will be equality between the majority and the minority. If the minorities do not have such special protection they will be denied equality."
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