Minority status for Lingayats challenged in Karnataka High Court

A petition has been filed in the Karnataka High Court challenging the state’s decision to grant minority status to the Lingayat community.

The primary grounds for the challenge is that Veershaivas and Lingayats fall under the Hindu religion and the unity and integrity of these communities must not be impaired.

Filed by advocate Amruthesh NP, the plea was heard by Chief Justice Dinesh Maheshwari and Justice Krishna Dixit on June 19. Senior Counsel SP Shankar and Advocate Mamata Kulkarni appeared for the petitioner.

The petition explains the history of both Veerashaivas and Lingayats, to conclude that both these communities are, in fact, synonymous. It is further stated that the attempt to portray both communities as different from one another and to confer minority status upon them was made by people with political intentions.

In 2017, the Karnataka government had constituted a Committee under the Karnataka State Minorities Commission (KSMC), headed by Justice Nagamohan Das, to examine whether the Lingayat community should be granted the minority tag. The report submitted by the Committee in March this year had recommended for the tag of “religious minority” for the Lingayats.

This petition states that the Nagamohan Das Committee submitted its report in “undue hurry and post-haste manner is illegal as it violates Article 14 (Right to Equality before Law), 19 (Right to Freedom) and 21 (Right to Life and Liberty) read with Articles 25 to 30 (of the Constitution of India)”

The case made by the petitioners is that according to Articles 162, 245, 246 and 340 of Constitution, a State can constitute a Commission for inquiry only with respect to those subjects on which it has the power to legislate. It has been contended that the State does not hold the power to legislate on religious aspects or historical facts like the history of Veerashaivas and Lingayats.

The petitioner has further submitted that Article 29 and 30 of the Constitution do not envisage the creation of a new minority.

Amrutesh has thus prayed for quashing the constitution of the Nagamohan Das Committee and striking down its findings altogether. Additionally, the petitioner has sought directions to be issued to the Centre to turn down the recommendation to grant minority status to the Lingayats.

The matter was adjourned and will be heard next on August 29.

A similar petition is pending before the High Court, which had passed an order stating that the proceedings of the Committee set up by the KSMC in the Lingayat issue will be subject to the outcome of the petition.