Injustice for Hindus in India; Does Indian Constitution Justify Articles 28-30?


Indian Constitution is the supreme law. No wonder it is the world’s longest written constitution of any sovereign country! And the fundamental rights contained in Part-III from Articles 12 to 32 are considered the cornerstone of cornerstone of the Indian Constitution. Together with Part-4, they form the conscience.


But Articles 28, 29, and 30 are biased in nature towards Hindus. Let us know what Articles 28, 29, and 30 are about.


Article 28 deals with freedom as to attendance at religious instructions or religious worship in certain educational institutions.


Article 29 deals with the protection of language, script, and culture of minorities.


Article 30 deals with the right of minorities to establish and administer educational institutions.


If the Indian Constitution reserves rights for minorities, why are Hindus, who are minorities in 8 states of India, deprived of these rights? Hindus are a minority in eight states in Hindustan! Hindus are being deprived of their basic rights, guaranteed under Articles 25 to 30 in these 8 states. While many a citizen enjoy minority status on religious grounds and are entitled to numerous benefits, the same should apply with Hindus in these eight states. According to the 2011 census, Hindus in the following states are a minority:


1. Lakshadweep – 2.5%

2. Mizoram – 2.75%

3. Nagaland – 8.75%

4. Meghalaya – 11.53%

5. Jammu and Kashmir – 28.44%

6. Arunachal Pradesh – 29%

7. Manipur – 31.39%

8. Punjab – 38.40%.


A plea (PIL) has been filed by Ashwani Kumar Upadhyay, an advocate and Delhi Bharatiya Janata Party (BJP) leader in the Supreme Court of India stating Hindus should be granted minority status in these eight states and should be entitled to benefits.


According to Upadhyay, as stated in the PIL, Muslims are a majority in Lakshdweep (96.20%) and Jammu and Kashmir (68.30%). The form a huge chunck of the population in Assam at 34.20%, West Bengal at 27.5%, Kerala at 26.60%, Uttar Pradesh at 19.30%, and Bihar at 18%. Irrespective of whether they are majority or minority in different states, they  are enjoying the ‘minority’ status benefits from the government. Minority Hindus in the aforementioned 8 states are deprived of their legitimate share.


The PIL also finds mention about Christians who are majority in Mizoram, Meghalaya and Nagaland. They comprise a major chunk of the population in Kerala, Manipur, Tamil Nadu, Arunachal Pradesh, Goa, and West Bengal. But they enjoy minority status and are entitled to all related benefits. The PIL also cites Sikhs as majority in Punjab besides significant population in Delhi, Chandigarh and Haryana. They enjoy minority status too. Does Indian Constitution Justify Articles 28-30?


More Observations of discrimination against Hindus:


1. Hindus cannot open and run their education institute as freely like other minorities. They cannot teach their religious subjects like the Bhagavad Gita, Ramayan and other scriptures and epics whereas other minorities like Muslims and Christians can teach their religious subjects


2. Hindus cannot run and control their religious organizations like temples. The government controls the management of Hindu Religious Organizations, Temples etc. while same condition is not applied to other minorities


3. Government imposes tax on Hindus Temples but gives financial aid to Minority Religious Organizations like Mosques, Churches etc. Government gives aid to Madrasa but same thing is not applied to Sanskrit Vedic Schools and Hindus Religious Institutions.


4. India is the only country in world or globe where majority communities like Hindus are discriminated. Due to the vote bank politics and policies of various political parties Hindus are neglected and other minorities expect Hindus are given more preferences.


India is the only Secular Country in the world where,


1. Only Hindu festivals are targeted by the Supreme Court.


2. You have to pay tax to go Amarnath, but if you go for Haj, you get a subsidy. The Government of Jammu & Kashmir levies tax on vehicles going to Amarnath and Vaishno Devi.


(Note: According to a January 2018 Business Today report, “Minority affairs minister Mukhtar Abbas Naqvi said that there will be no Haj subsidy from this year. The minister added that the funds will now be used for educational empowerment of women and girls from the minority community……Naqvi had said a while back that Centre would abolish this subsidy in accordance to a Supreme Court order.  The Centre had formed a six-member committee to look into the issue of reducing and abolishing the subsidy by 2022.)


3. There are 4 hostels exclusively for Muslims in Calcutta University on Government expenditure, but no such hostel for the Hindus.


4. Muslims girls on passing board exam will get Government scholarship, but not Hindu girls.


5. Muslim students get monetary benefit on obtaining 50% marks in Primary education level, but Hindu students don’t get the benefit even on scoring 95% marks.


6. There are arrangements for special interest free loans for Muslims, but not any such for Hindus.


7. Temples will pay revenue on their income, but no Mosques or Churches need to pay tax on their income.


8. If you fight for the cause of protection of dogs, cats, goats or other animals, you are an animal lover. But if you take up the cause for protection of cows, you are communal for sure!


9. You will also be called communal if you chant Bharat Mata ki Jai! But if you chant Pakistan Zindabad openly on the streets, it’s your freedom of speech!


10. M. F. Hussain can draw nude pictures of Saraswati. Communists can call Goddess Durga a sex worker. All because Hindus are Secular. But if you speak a word against Prophet Muhammad, there will be riots!!!


Communists termed Goddess Durga a sex worker. According to a DNA report, “In a pamphlet allegedly circulated by a leftist organisation on JNU campus, Goddess Durga is said to have been depicted as a sex worker who tricks Mahishasura into marriage and kills him!” An India Today report carried news about Kedar Kumar Mandal, an assistant professor at DU’s Dyal Singh College. Mandal wrote on his Facebook, “Durga is the very much sexy prostitute in the Indian mythology.”


Why MF Husain painted Hindu figures in the nude? Why he never painted Muslim figures in nude? Husain hurt Hindu sensibilities by painting Goddess Saraswati in the nude. According to a India Today report, “the Mumbai Police registered cases against Husain under IPC Sections 295(A) and 153(A) relating to outraging religious feelings and promoting enmity between religious groups. En route writ petitions were filed against the painter in four courts in Madhya Pradesh.”


And the list goes on. And I repeat my question. Does Indian Constitution Justify Articles 28-30?


Featured image courtesy: Pinterest


Visit Indian History Real Truth Facebook group to view related posts. This article is part of ‘JEWELS OF BHARATAM SERIES [TM]‘ by the author.


Disclaimer: The views expressed here are solely of the author. My India My Glory does not assume any responsibility for the validity or information shared in this article by the author.


Related post: Nalanda: 9 Million Books Burnt in 1193 by Bakhtiyar Khilji.

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Rayvi Kumar

Ravikumar Pillay is a passionate scholar of Indian history, an avid traveller, photographer, writer, counsellor, and teaches meditation.
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