BEFORE THE HON’BLE MADHYA PRADESH

STATE COMMISSION FOR MINORITIES,

BHOPAL

JAYESH GURNANI
S/o : Mr. Ravi Gurnani,
Age : 20 Years,
Occupation : Law Student,
R/o : 34, Sanwad Nagar, Navlakha,
Indore (M.P.)
…….PETITIONER

VERSUS

STATE OF MADHYA PRADESH

Through Principal Secretary,
Department of Minorities Affairs,
Government of Madhya Pradesh,
Bhopal (M.P.)
…..RESPONDENT
PETITION SEEKING STATUS OF LINGUISTICS
MINORITY FOR SINDHI COMMUNITY UNDER SECTION
2 (C) (ii) OF THE MADHYA PRADESH RAJYA
ALPSANKHYAK AYOG ADHINIYAM, 1996.

The above named petitioner respectfully submits before

this Hon’ble Commission as hereunder :

1. That, the petitioner is a citizen of India and domicile

of the State of Madhya Pradesh and resident of

district Indore (M.P.). The petitioner belongs to Sindhi

Community having distinct language, script and

culture. The said community has the constitutional

right to protect, preserve and promote its language,

script and culture as provided under Article 29 and

30 of the Constitution of India.

2. That, the Sindhi community being a Indo-Aryan

community having mother-tongue ‘Sindhi’ are native

to the Sindh province of undivided India and settled

in dominion of India after partition in 1947.

3. That, after the confluence of Sindhi language in Aryan

Region it has been developed as lndo-Aryan (Prakrit).

Sindhi language, thus, has a strong base of Prakrit

and Sanskrit - the language of India, with vocabulary

from Arabic, Persian and some Dravidian

descendants from Mediterranean sub-continent.

4. That, during partition of the undivided India, the

members of Sindhi Community emigrated to the

dominion of India leaving behind all their belongings

including movable - immovable properties and their

business with a hope that they will re-establish

themselves and will have a better life in the dominion

of India.

5. That, undisputedly, several members of the Sindhi

Community were fortunate enough to establish

themselves and settle in the region with their family

but till today many members of the community are

yet struggling for their basic needs and welfare.

6. That, the mother-tongue of the members of Sindhi

community being ‘Sindhi’ language has its own

distinct pronunciation and script. Originally the

Sindhi language was used to be written in Arabic

Naskh Script, however, by the passage of time in

some parts of India the language is also developed to

be scripted in Devnagari.

7. That, the Sindhi community consists of various

castes major five of which are Amils, Bhaiband,

Bhatia, Thakur and Lohana. These castes originated

either on the basis of the profession adopted by its

members or their ancestors or on the basis of their

place of birth in Sindh Province.

8. That, also the literature in the Sindhi language is full

of rich heritage having distinct identity and many

classic poets like Shah Abdul Latif, Sachal Sarmast

and Sami have greatly contributed in the

development of Sindhi language. Some examples of

their writings with its literal translation is referred

herein below :

Shah Jo Risalo by Shah Abdul Latif : Sur Kalyan : Part 2 verse 1

Translation : My imperfection has been accepted by my God. His

graceful heart showed compassion towards me. By sacrificing

my ego, I discovered the joy of true amity.

Shah Jo Risalo by Shah Abdul Latif : Sur Kalyan : Part 1 verse

Translation : Those seekers who realise the oneness of God/truth, they

maintain that there is only One and no other. Recognising their unity

with God, using the knowledge they undertake spiritual journey

carefully. They do not rest and do not forget their quest. Shah Abdul

Latifu says they destroy their ego (perceived separate identity) and

realise the truth of oneness.

9. That, the State of Uttar Pradesh, Gujarat and

Rajasthan as well as the National Capital Territory

of Delhi has already recognized Sindhi Community

as Linguistic Minority Community for their

respective States and similarly, the petitioner

claims himself to be a part of the Sindhi Linguistic

Minority Community and is further seeking

recognition, status and declaration of Sindhi

Community as Linguistic Minority Community by

preferring the instant petition before this Hon’ble

Commission.

10. That, the members of Sindhi Community religiously

follow the path shown by “Shri Jhulelal Dev Ji” and

have various temples of “Shri Jhulelal Dev Ji”

across the country. The community and its members

use sindhi language as their primary mode of

communication by using Sindhi Script to write and

read the said language. Also the sindhi language is

 recognized as official language in the Eighth Schedule

of the Constitution of India.

11. That, the sindhi community celebrates ‘Cheti Chand’,

‘Thadadi’ and ‘Lal Loi’ as their primary cultural

festival and during these cultural festivals, the

members of the community wear distinct dresses and

jewellery. While solemnising marriage, the members

of Sindhi Community take Four Feras, which is

completely different from the customs and rituals of

Saptpadi. Besides the aforesaid, the population of

Sindhi Community is under ‘Numeric Inferiority’ as

compared to the different sections of our society.

12. That, the Sindhi community is also having a different

form and text of prayer known as Palau, which is the

most prominent and traditional form of prayer sung

after every worship seeking boons and blessings from

lord Shri Jhulelal Dev Ji.

13. That, the members of Sindhi Community are an

eternal part of Hindu Community and every member

of this community is well within the preview of

expression ‘Hindu’ as defined by Hon’ble Supreme

Court of India in the case of Sastri

Yagnapurushadji and Ors. vs. Muldas Bhudardas

Vaishya [1966 (3) SCR 242] relevant paragraph of

the aforesaid judgment is reproduced herein below :

29. When we think of the Hindu religion, we find it

difficult, if not impossible, to define Hindu religion

or even adequately describe it. Unlike other

religions in the world, the Hindu religion does not

claim any one prophet; it does not worship any

one God; it does not subscribe to any one dogma;

it does not believe in any one philosophic concept;

it does not follow any one set of religious rites or

performances; in fact, it does not appear to satisfy

the narrow traditional features of any religion or

creed. It may broadly be described as a way of

life and nothing more.

14. That, the Sindhi community is also having its own

folk songs including Hojmalo, Ladda and Bhagat

written in Sindhi language, making the Sindhi

culture more unique and distinct from other cultures

and communities. The community is also having its

own folk dances namely - Jhumir, Chhej and Bhagat.

15. That, the Sindhi community is further having

different ways of clothing such as Ajrakh, which is a

unique form of block printing found in various parts

of India.

16. That, since this Hon’ble Commission has exclusive

jurisdiction to make necessary recommendations to

the Government of Madhya Pradesh for the grant of

recognition and status of Linguistics Minorities to the

Sindhi Community, and therefore, the instant

petition has been preferred by the petitioner praying

for sending of necessary recommendations.

17. That, the Sindhi community is not having adequate

representation in both the houses of parliament nor

in the State legislative Assembly of Madhya Pradesh

and due to the said reason there is a lack of attention

and intention amongst the political leaders to raise

this social and political issues of the Sindhi

community.

18. That, it is not out of place to mention here that

during partition, the members of the Sindhi

community have lost their wealth, land and all their

earnings and now due to non-recognition of Sindhi

community as linguistic minority community, the

members of the Sindhi community are on the verge of

losing their rich linguistic heritage which will cause

irreparable injury to the community.

Grounds urged :

1. Because, Sindhi community having distinct language,

script, culture thereof has a constitutional right to

 conserve the same through attaining recognition of

minority.

2. Because, petitioner being part of Sindhi community

has Fundamental right enriched under Article 29 &

30 of Constitution of India to protect and preserve its

culture by seeking status of minority.

3. Because, it is statutory obligation of Respondent

authority to notify Sindhi community as minority

under Section 2(c)(ii) of Madhya Pradesh Rajya

Alpsankhyak Ayog Adhiniyam, 1996.

4. Because, Sindhi community is satisfying all the

criteria of being a minority therefore it is statutory

function of learned Madhya Pradesh State

Commission for Minorities to safeguard the interest of

Sindhi community by making appropriate

recommendation to the Respondent State.

5. Because, non-recognition of Sindhi language as

minority language by Respondent authority has

caused adverse effects to the whole Sindhi community

as the community has started losing its prominence

in Indian society.

6. Because, Sindhi community having a non-dominant

status in Indian society especially in the State of

Madhya Pradesh need to be uplifted for the sake of

betterment therefore seeks recognition as minority.

7. Because, Sindhi community is having all the stable

features of distinct identity therefore it is need of the

hour to protect and preserve such distinct identity by

granting such community minority status.

8. Because, Sindhi community having numerical

inferiority in terms of population in the State of

Madhya Pradesh has a statutory right to be

 recognized as minority and thereby enjoy all the

constitutional and statutory benefits.

9. Because, State of Uttar Pradesh, Rajasthan, Gujarat

& NCT Delhi has already recognized Sindhi as

linguistic minority and therefore Petitioner seeks the

same recognition from the State of Madhya Pradesh.

10. Because, even after more than seventy years of

partition, Sindhi language, Sindhi civilization and

Sindhi culture have not been developed and re-

established properly and for the development and re-

establishment of said communality recognition of

minority will play a key role.

11. Because, recognition of Sindhi community as minority

will certainly stop further depletion of its culture as

younger generation of this community are nowadays

more inclined towards western culture thereby not

focusing on their own cultural roots.

Relief Sought:

In the light of given facts and circumstances the petitioner

humbly prays before this learned commission that this

petition may kindly be allowed and,

1. Necessary recommendations be made to the

Government of Madhya Pradesh to notify Sindhi

Community as Linguistic Minority under Section 2

(c) (ii) of the Madhya Pradesh Rajya Alpsankhyak

Ayog Adhiniyam, 1996.

2. Any other recommendation, direction or order as

may deem appropriate to this Hon’ble

Commission.

Interim Relief:

That, in the facts and circumstances of this case, the

petitioner humbly prays that as an interim measure till

the pendency of this petition and

declaration/notification of Sindhi community as

minority under Section 2(c)(ii) of Madhya Pradesh Rajya

Alpsankhyak Ayog Adhiniyam, 1996 said community

may be allowed to avail all the constitutional and

 statutory benefit of minority within the state of Madhya

Pradesh in the light of equity, justice and good

conscience.

Caveat:

The petitioner declares that they have no notice of lodging

a caveat by the opposite party.

DATE: 21.01.2021 Submitted by,

INDORE Jayesh Gurnani

Email – jayeshgurnani34@gmail.com
Mobile No. - +91 9827965692
Postal Address – 34 Sanvad Nagar,
Indore (M.P.)