If it is done, India would be a country of 'Minorities': Supreme Court dismissed the petition of Smartha Brahmins

If it is done, India would be a country of 'Minorities': Supreme Court dismissed the petition of Smartha Brahmins

On Monday, October 17, 2022, The Supreme Court dismissed a petition seeking a declaration that Smartha Brahmins in Tamil Nadu who practise Advaitha philosophy shall be declared a "minority". The Court while dismissing the petition held that Smartha Brahmins are not a religious denomination. The petitioner's counsel contended that the High Court ignored the Shirur Mutt decision.

The court observed that "We only pressed whether Brahmins are a minority. Many people in the country follow the Advaita philosophy. Followers of Advaita are not a minority”, the bench comprising Justices Krishna Murari and S Ravindra Bhat further held that "You can't claim linguistic minority as well. In that case, we will have a nation of minorities."

The High Court of Tamil Nadu ruled that the Smartha Brahmins were just a caste/community with no distinguishing characteristics that set them apart from other Brahmins in the state. As a result, they were unable to be identified as a religious denomination and were therefore ineligible for benefits under Article 26 of the Constitution.

The petitioner had approached the Principal District Munsif Court for a declaration that they are entitled to the benefits and privileges conferred under Articles 25(1), 26(1), 29(1), and 30(1) of the Indian Constitution due to their minority status. The trial court dismissed the lawsuit. On appeal, the Subordinate Judge agreed with the trial court's findings and dismissed the appeal. As a result, the plaintiffs filed an appeal with the High Court, which dismissed it.

The High Court ruled that Smartha Brahmins have no distinct or different religious beliefs than Hindus who follow the mainstream Hindu religion. What the Smartha Brahmins are said to follow is also followed by other Brahmins. The High Court ruled that the appellants had not established in this case that they were a group of people who shared a common set of beliefs or doctrines. They had also not established that they share a common organisation or that they have a distinct designation or name. As a result, they could not be considered a denomination.

 

Case Details:-

Smartha Brahmins living in the State of Tamil Nadu practising and propagating the Religious Philosophy and tents of Advaitha Philosophy through P.S Sundaram and others v. Union of India and others

Share this News

Website designed, developed and maintained by webexy