• 42 of 50 students at a medical college run by Vaishno Devi Shrine Board go to Muslims. This is one of 13 e.g. of how India’s Colonial Constitution & Laws discriminate against Hindus. BJP/Courts do not realize that if Hindus do not get Equal Human Rights, India might soon become like Pakistan/Bangladesh.

A recent happening goaded me to write this piece.  42 out of the 50 seats at the Shri Mata Vaishno Devi Shrine Board run Medical College went to Muslims. That is when the shrine board is funded by contributions from Hindus worldwide.

Admission was got because Muslims, despite being a majority in the Union Territory of Jammu and Kashmir, are considered a minority all India. Neither does the Colonial Constitution (CC) nor have successive governments at the Centre or the State defined who is a minority. To be fair, admission to the MBBS programme at the college is based on merit secured in the National Eligibility-cum-Entrance Test (NEET), which was introduced by the Supreme Court (SC).

Shrine Board has to clarify. But may be Muslim students got seats by virtue of being Other Backward Class (certified by the state government) as permitted by Article 15 (4) and 16 (4) which authorizes the government to make reservations in educational institutions for making any special provision for the advancement of any socially and educationally backward classes of citizens. Indian Express

Such is the crippling effect of government policies, because of a CC, that Hindu students study medicine anywhere. Every time there is a war for e.g. Ukraine, we hear of thousands of students being evacuated.

The purpose of this article is to provoke thought, not cast aspersions on any person, living or dead and an institution funded from Consolidated Fund of India.

It is Higher Judiciary that refers to Equality before Law but the SC held the discriminatory Right to Education Act to be valid in the ‘Pramati Educational Society’ year 2014. The RTE Act provides that minority institutions need not reserve 25% of the seats under the Right to Education (RTE) Act. Conversely, Hindu schools have to reserve 25% of their seats, allocated by the government. Let us briefly dwell on this.

Rights of Minorities w.r.t Educational Institutions

Article 30 (1)  of the Constitution states: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.” 

What is background to Art 30? - The initial Draft versions of the Indian Constitution prepared by Dr K M Munshi had proposed explicit, and equal, educational rights to all communities. However, when this section was referred to the Minorities sub-committee of the Constituent Assembly, what came out was a very different version that read:  “All minorities, whether of religion, community or language, shall be free in any unit to establish and administer educational institutions of their choice, and they shall be entitled to State aid in the same manner and measure as is given to similar State-aided institutions.”

The origin of Art 30 lies in the discussions held primarily in the Second Round Table Conference held in 1931. It was derived from the memorandum submitted by Indian Christian representatives then. The version of the clause in the memorandum actually asked for “equal rights for all religions”. However, in the joint agreement version, that particular phrase was left out. Read  What Rights do Minority Institutions have that Majority institutions do not have

Equality before Law - Article 14 read and brief comment followed by examples.

Art reads, “The State shall not deny any person equality before law or the equal protection of the laws within the territory of India.” Source lies in the U.S. and Irish Constitutions-U.S.A C 1868, Art XIV,S. Irish Cons Art 40-1 and 40-4. 7

According to Indiankanoon.org, “Part one of the article indicates that all are to be treated equally in the eyes of the law. Part two means that the same law will be applied to all the people equally across the society.”

Author, Noted Lawyer and Speaker J Sai Deepak spoke on Article 14 – Right to Equality in the context of CAA. Video of 11 minutes Excerpts from talk, “Whether principles of equality under Art 14 are applicable in the context of allowing people access or entry into Bharat. Principles of equality under this Article when sought to be applied in the context of the right of foreigners to enter India takes away the sovereign power of the Government of India to take a decision and apply its own security considerations, as part of this process. Going by the pure language of the article one should not have reservations, personal laws by religion, schemes for certain communities.”

In effect, India has a Colonial Constitution (CC) that denies Hindus equal human rights and Muslim women equal inheritance rights. Read on.

1. Right to Manage Temples

States in South of India e.g. Tamil Nadu have their own laws and state government controls temples. Read Indian government cannot be any different from British if Hindus cannot even manage their own temples AND How Hindu Temples and Spiritual organizations can be Effectively MANAGED

2. Temple collections esp. in southern states become part of the state government treasury. This is not the case for mosques and churches.

Like others, donations to Hindu temples/ashrams/shrine boards should be used for the benefit of sustaining and promoting Indic culture, traditions and people.

3. Only Hindu educational institutions are by law, made to reserve 25% of the seats under the Right to Education (RTE) Act. (discussed above).

4. As a minority institution, Jamia Islamia Delhi can reserve 50% of its seats for Muslim students under the National Commission for Minority Educational Institutions Act, 2004. Source New Indian Express (of the 50%, 30% of Muslims, 30% for Muslim Women, 10% for OBC Muslims and ST-Source). Also

Note that the 2004 Act referred to above was passed by an ordinance (No. 6 of 2004) issued on November 11, 2004 and Act was enacted on 6/1/2005. It was a UPA gift cemented by the BJP government in 2006. Source 

Whether such reservations encourage conversions is beyond the scope of this article.

Why cannot the Vaishnodevi Shrine have similar reservation for Hindus?

5. The Bill for reservation of 27 per cent seats for the OBC is not applicable to institutions of higher education run by minorities. Read Explained Other Backward Class Reservations In West Bengal, the biggest beneficiary of Other Backward Class reservations are not Hindus.

Kalbelia dance by Hungarian Muslim, Jaisalmer 2013.

6. Inheritance Laws - Hindu girls entitled to an equal share of property while Muslim women get much less. Read Comparing inheritance laws for Hindu and Muslim women

Why discriminate against Muslim Women?

7. Age of Marriage permitted by Law – Girl Muslim and Hindu 

In August 2025 the Apex Court stated that “it upheld that under Muslim personal law, a girl who has reached puberty or is 15 or older can marry.” For Hindu women it is 21. Source PRS Research

“The NCPCR contended that the High Court ruling effectively allowed child marriage, in violation of the Prohibition of Child Marriage Act, 2006, and undermined the Protection of Children from Sexual Offences (POCSO) Act, 2012, which does not recognise consent from anyone under 18.” Mint

Marriage age for Hindu women 21, Muslim puberty or 15 or older. EQUALITY.

8. The government funds religious education in Madrassas

“That is, Muslim theological education is accepted by the University Grants Commission. While, Hindu theology departments are debarred by the UGC. There are Masters program in Christian Studies at the University of Madras. No such programmes are there for Hindu Studies. This is distinct from theological studies.”

9. The Government of India provides Scholarships to Minorities (primarily Muslims). Read on for details.  

Academic Year 2021-22 Pre-Matric Rs 1,329 crores.(1129 cr), Post-Matric Rs    469 crores.( 501 cr) and Professional Courses Rs 353 crores (381 cr). Figures in brackets are for year 2014-15. Total scholarship in year 2021-22 Rs 2,151 crores and 2014-15 Rs 2,011 crs.

Are Hindus not deserving of scholarship? Discrimination!

10. Lending to minorities comes under Priority Sector Lending

According to the RBI circular on Priority Sector Lending (PSL), dated July 1, 2019, “minority communities considered are Sikhs, Muslims, Christians, Zoroastrians, Buddhists and Jains. Sufficient care may be taken to ensure that the minority communities also receive an equitable portion of the credit.” 

Since, bank lending to minorities is PSL cost of funds for loans given to minorities is lower. Can a Banker confirm how this benefit is passed on?

Whilst taking bank loans, Hindus have to pay a higher rate of interest.

11. Scheduled Tribe who convert continue to remain ST’s for the purpose of government benefits and reservations even post conversion.  

ST converts continue to be treated as ST and Muslims/Christians. In Manipur, a recent attempt to remove this benefit was resisted by violence. Read  Are ST Converts ST under the UCC + Who are Scheduled Tribes

12. ST in Manipur do not pay Income-Tax but Meitis do

“In Manipur, the Meitei community (Hindus) are liable to pay income tax, whilst scheduled tribes (ST) are not. Here is why: According to Section 10(26) of the Income-Tax Act (excerpts), “A member of a Scheduled Tribe, as defined under clause 25 of article 366 of the Constitution, who resides in the States of Arunachal Pradesh, Manipur, Mizoram, Nagaland and Tripura is exempt from paying income-tax on any income which accrues or arises to him in these States.” Read Tax Laws should be the same for all citizens

Sikhs are majority in Punjab but considered Minority for Article 30. However, they are Hindu under the Income-Tax Act.

13. Bigamy Laws

For Hindus bigamy is banned. For Muslims it is allowed under Section 2 of the Muslim Personal Law Application Act, 1937. 9

What is Secularism – a term left Undefined 

Politicians and Courts ask Hindus to be secular. Yet, neither the Constitution nor the Apex Court have defined the word. Read  Why Secularism is not an Indian concept

Sometimes one wonders, if the Higher Judiciary in the matter of personal laws is for Hindus only.

This 5,000 year old discrimination against SC/ST needs to be called  

Based on research by Gandhian Dharampal ji, article reproduces tables from British Surveys which show that max nos of scholars in schools were Dalits. British moves resulted in deterioration in the status & personal dignity of those who are known as SC now. Read DALITS were the maximum number of SCHOLARS in Pre British India

The BJP and Courts must realize that India exists in its present state because it is majority Hindu. If India ceases to be that, it would become like Pakistan and Bangladesh. Bharat needs to Decolonise the Supreme Court

References and Also read

1. Who is a Minority in India

2. What Rights do Minority Institutions have that Majority institutions do not have  

3. Laws that BJP has failed to change to give Hindus equal human rights

4. Pramati Educational Society SC order

5. Decoding the Supreme Court order on Section 6A of the Citizenship Act

6. Why Secularism is not an Indian concept

7. The Framing of India’s Constitution by B Shiva Rao

8. Rights of Minorities in India Thank You Barack Obama

9. Hindus in Hindu Rashtra by Prof Anand Ranganathan

10. How Hindu Temples and Spiritual organizations can be Effectively MANAGED

11. Tax Laws should be the same for all citizens

12. Comparing Indic vs. Abrahamic faiths–A Primer

Article should not be republished without permission of www.esamskriti.com Errors if any are without malafide intent and unitentional.