This article is written by Krishna Raj, a final year law student from Ambedkar Law University, Jaipur, an intern under Legal Vidhiya. The article discusses various aspects of freedom of educational rights of minorities.
Introduction
Everyone’s fundamental right to educational freedom is guaranteed under the Indian Constitution. All Indian citizens have the right to an education under the Constitution, regardless of their ethnicity, religion, caste, sex, or place of birth. Minorities now have access to this fundamental right, which protects their rights to culture and education. Minorities in India have unique legal protections to guarantee their freedom of access to education. The many protections and constitutional guarantees offered to minorities for their access to an education will be covered in this article.
Constitution of India
The Constitution of India provides for several provisions to ensure the freedom of educational rights to minorities. The most significant provisions are Article 29 and Article 30 of the Constitution.
Article 29 of the Constitution guarantees the right to conserve the language, script or culture of a minority group. The provision reads as follows: “Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.” The right of minorities to preserve their language, writing, or culture is guaranteed by this clause. This clause is crucial since it guarantees the preservation of the minority communities’ identities.
The Constitution’s Article 30 guarantees minorities the freedom to form and run educational institutions. The clause is as follows: “All minorities shall have the right to establish and manage educational institutions of their choice, regardless of whether such institutions are based on religion or language.” This clause is essential because it enables minorities to teach according to their traditions and culture. The clause guarantees minorities’ access to institutions of higher learning that are suited to their need. Article 30 is also known as the “Charter of Education Rights”.
Even though the term minority is used in the Constitution of India, this term is not defined in the constitution.
Who is considered Minority?
According to Section 2(c) of the National Commission for Minorities Act of 1992, a minority is “a community notified as such by the Central government.” As of now, in India, Muslims, Christians, Sikhs, Buddhists, and Parsis (Zoroastrians) are considered under Minority.
Supreme Court gave a landmark judgement saying that a minority, whether linguistic or religious, can only be identified by reference to the state’s demographics and not by looking at the population as a whole.[1]
The Minorities can be classified on the basis of the Religion that they follow and/or the linguistic they use.
Classification of Minorities
- Religious Minorities
The primary factor used to determine whether a group qualifies as a religious minority is its size. Hindus, for instance, make up the bulk of the population in India. Given that India is a multireligious nation, it is crucial for the government to preserve and defend the country’s religious minorities.
The National Commission for Minorities was established by the government in 1992 to protect the rights and interests of the minority groups.
Articles 25 to 30 of the Constitution of India protect the right to Freedom of Religion.
2. Linguistic Minorities
Linguistic minorities are a class or group of persons whose mother tongue or mother language differs from that of the majority populations. These linguistic minorities’ interests are safeguarded under the Indian Constitution by the Article 350-A which imposes an obligation on the states to try to provide enough facilities for instruction in the mother language at the primary level of education to children belonging to the linguistic minority community.
Case Laws on Educational Rights of Minorities
1. D.A.V. College, Jullundur vs. Punjab, 1971 AIR 1737 [2]
In this case, significant issues pertaining to Articles 29 and 30 were presented before the Supreme Court. The Dayanand Anglovedic College in Jullundur, in this particular instance, was once affiliated to the Punjab University. The Guru Nanak University, Amritsar, Act 1961 later made the College’s affiliation with the university compulsory. The College argued that Articles 29 and 30 of the Constitution were breached by Section 4 (2) and (3) of the Act as well as clauses 2 (1) (a) and 17 and 18 of the University Statutes.[3] The college’s main objection was that the Act and the University’s declared objectives promoted the Gurumukhi script, the Punjabi language, and the Sikh faith. Since College was a minority institution on account of their adherence to Arya Samaj Sect and denomination, the compulsory affiliation of the college to the University was clear violation of Articles 29 (1) and 30 (1).
2. S.P. Mittal v. Union of India, 1983 AIR 1[4]
In this case, Sri Aurobindo was not only a great administrator and academician but also involved in politics. Later, he abandoned everything to live a life of meditation in Pondicherry, Tamil Nadu. There he met Madam M. Alfassa, later known as Mother, who would go on to become his disciple. In order to spread and put into practise Sri Aurobindo’s principles and beliefs, his disciples and the Mother later founded The Sri Aurobindo Society. When the mother died, a number of issues, including poor project management and financial misuse, surfaced, limiting the township’s ability to function and flourish. The Mother, the organisation’s founding president, created the township of Auroville as a place where people might gather and engage in a variety of activities. The Tamil Nadu government took control into their own hands and submitted a presidential ordinance that eventually became The Auroville (Emergency Provisions) Act, 1980, bearing in mind the international nature of Auroville due to the agreement with UNESCO. the Constitutional validity of the Act was challenged based on Articles 29 and 30.
The bench concluded that the aforesaid Act is not in violation of Articles 29 and 30. The court determined that it is so, because it did not in any way restrict their rights or prevent any person from preserving their own language, script, or culture.
3. The Ahmedabad St. Xaviers college society v. State of Gujarat, 1974 AIR 1389[5]
In this case, a Jesuit society from Ahmedabad operated the institution with the goal of providing Christian students with higher education. A portion of the Gujarat University Act that entrusted management of the college to the government and the university to which it is attached has had its legality challenged.
The court decided that these clauses restricted the minority’s ability to run educational institutions, and as a result, minority institutions were exempt from these clauses’ application. The court also concluded that the right to administer included the ability to “conduct” and “manage” the institution’s operations.
Do not get confused between Articles 29(1) and 30(1)
Although both of these articles deal with the same parent right i.e. Cultural and Educational Rights, but there is a subtle difference which is explained in the table given below-
| Basis | Article 29(1) | Article 30(1) |
| Right given to whom | Confers right on all sections of society | Confers right only on minority based on language or religion |
| Subject matter | Deals with language/script and culture | Deals with minorities based on religion or language |
| Education | Does not deal with education | Deals with the establishment and administration of educational institutions |
Similarity and differences between Article 15(1) and Article 29(2)
Article 29 (2) and Article 15 (1) are very similar due to the fact they both prevent discrimination on the basis of caste, race sex, etc. However, while Article 15(1) prohibits discrimination on the basis of caste, race, sex, and other factors more broadly, Article 29(2) offers particular indemnity to anyone who were subjected to discrimination at the time of entry or acceptance into state-run educational institutions.
The differences are as follows-
| Basis | Article 15(1) | Article 29(2) |
| Protection from whom | protects all citizens against state | protects against state or anybody else who denies the right conferred |
| Broad/Narrow | protects against discrimination generally (Broad) | protects against denial of admission into educational institutions (Specific or Narrow) |
| Right of whom | gives right to any member of the society | gives right to an individual |
Other important points on freedom of educational rights
The Indian legal system has taken several steps to ensure the implementation of the legal framework provided in the constitution for the freedom of educational rights to minorities. The most significant steps are the establishment of the National Commission for Minority Educational Institutions (NCMEI) and the Right to Education Act, 2009.
In 2004, the National Commission for Minority Educational Institutions was established. In November 2004, the Government passed an Ordinance establishing the Commission. Later, in December 2004, a Bill was introduced in the Parliament, and both Houses later approved the Bill. January 2005 saw the notification of the NCMEI Act. Enhancing educational opportunities is the top focus of this body.[6] The Commission is responsible for granting minority status to educational institutions and ensuring that minority institutions receive the benefits provided to them under the Constitution. The Commission also resolves disputes related to minority educational institutions and ensures that their educational rights are not infringed upon.
The Right to Education Act, 2009 is another significant step taken by the Indian legal system to ensure the implementation of the legal framework for the freedom of educational rights to minorities. The Act makes it mandatory for every child between the ages of six and fourteen to be provided with free and compulsory education. The Act also provides for the reservation of seats in private unaided schools for children belonging to socially and economically disadvantaged sections of society, including minorities. The Act ensures that children belonging to minorities have access to quality education and are not deprived of their educational rights.
Challenges Faced by Minorities in Exercising Their Educational Rights
Despite the legal framework and implementation measures taken by the Indian legal system, minorities face several challenges in exercising their educational rights. The most significant challenges are discrimination, lack of resources, and inadequate representation.
Minorities are often discriminated against in educational institutions, which denies them access to quality education. Discrimination can take several forms, such as denial of admission, lower quality of education, and harassment. Discrimination can have a severe impact on the educational rights of minorities and can result in their exclusion from mainstream education. Additionally, educational institutions established by minorities often lack the necessary resources, such as infrastructure, funds, and qualified teachers.
Conclusion
Any policy decision should always be centred on the needs of the students. This also holds true for the courts. The student’s welfare comes first and foremost. The concept of “special rights” or “exclusive rights” loses all credibility if the state unnecessarily steps in.
Minority kids have a full right to experience the same exponential growth as their majority counterparts. Our courts and legislators should begin to exclusively think in this way. Only then will we be able to do honour to the minority educational institutions as well as the student population who will ultimately benefit from it.
References
- T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, available at https://indiankanoon.org/doc/512761/ last seen on 07/04/2023
- Educational rights of minorities under article 30 A prime source of inequality, Legal Service India, available at https://www.legalserviceindia.com/legal/article-230-educational-rights-of-minorities-under-article-30-a-prime-source-of-inequality.html last seen on 07/04/2023
- Cultural and Educational Rights, ipleaders, available at https://blog.ipleaders.in/cultural-and-educational-rights/ last seen on 07/04/2023
- Important Cases Dealing with Article 29 And 30 of the Constitution of India, Law Bhoomi, available at https://lawbhoomi.com/important-cases-dealing-with-article-29-and-30-of-the-constitution-of-india/, last seen on 08/04/2023
- https://indiankanoon.org/doc/1596466/, last seen on 08/04/2023
- https://indiankanoon.org/doc/312939/, last seen on 08/04/2023
- https://indiankanoon.org/doc/703393/, last seen on 08/04/2023
- https://ncmei.gov.in/index1.aspx?lsid=33&lev=1&lid=29&langid=1, last seen on 09/04/2023
[1] T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, available at https://indiankanoon.org/doc/512761/, last seen on 07/04/2023
[2] Available at https://indiankanoon.org/doc/1596466/, last seen on 08/04/2023
[3] Rakesh Chandra, Educational rights of minorities: A constitutional conundrum, 3 (3) International Journal of Law 123, 125 (2017), available at https://www.lawjournals.org/download/137/3-3-40-766.pdf, last seen on 08/04/2023
[4] Available at https://indiankanoon.org/doc/312939/, last seen on 08/04/2023
[5] Available at https://indiankanoon.org/doc/703393/, last seen on 08/04/2023
[6] About us, National Commission for Minority Educational Institutions, available at https://ncmei.gov.in/index1.aspx?lsid=33&lev=1&lid=29&langid=1, last seen on 09/04/2023
