CULTURAL AND EDUCATIONAL RIGHTS OF MINORITIES. AS IN ARTICLE 28,29 & 30 OF INDIAN CONSTITUTION

In this article let’s discuss about Cultural and educational rights of minorities and their right  to establish and administer educational institutions under the right to conserve their culture, language and scripts.

CULTURAL AND EDUCATIONAL RIGHTS OF MINORITIES BEING MET?

“Freedom as to attendance at religious instruction or religious worship in certain educational institutions.” is what Article 28 of the Indian constitution states. Moreover the article specifically focuses  on four broad types of institutions that are educational one’s such as,

• Institutions for instance that are wholly maintained by the State.

• Institutions for instance that have been recognized by the State.

• Institutions for instance that receive aid from State funds.

• Institutions for instance which are established under any trust or endowment and are administered by the State. 

Now as we had a glance at this categorization of institutions therefore it becomes a priority to understand what level of jurisdiction an educational institution can exercise over the religious syllabus in their curriculum. Or can they even introduce these religious thinking in their curriculum?

SIMPLIFYING FOR A NOVICE

 In the first category of the institutions, no religious teachings will be introduced. Meanwhile the Second and third category, institutions teach religious teachings only with parental consent. The third category exists with no restrictions so the decision-making power lies with the educational institution itself ie. would they include any religious perspectives through the teachings in their school curriculum?

INDIA’S CULTURAL DIVERSIFICATION REFLECTING CULTURAL AND EDUCATIONAL RIGHTS OF MINORITIES ARE INDEED BEING MET

Let’s take D. A. V. College Bathinda, Etc vs State Of Punjab & Others as a precedence,

 Guru Nanak University was established by The Punjab Legislature, in 1969, to celebrate  the 500th birth anniversary of Shri Guru Nanak Devji, to bolster Guru Nanak’s name further in the context of Indian and world civilization, the university decided to impart the teachings of Guru Nanak in its curriculum. 

Does  inculcation of the teachings of Guru Nanak falls under the category of a violation of Article 28(1)?

THE VERDICT

The Apex court ruled  in the favor of the university and furthermore stated teaching the life values of  someone we respect does not violate Article 28(1) of the Indian constitution.

ARTICLE 29 &  30: EXTENSION OF ARTICLE 28

“ Our culture, our traditions, our language, are the foundations upon which we build our identity”. Therefore Article 29 & 30 of the Indian constitution certainly protects the interests of the minority groups in our country.

While article 29 protects the interests of minority group by:

“Providing any section of the citizens residing in India having a distinct

culture, language, or script, should have

the right to conserve their culture, language and script as in  Article 29(1)

• This right includes the right to establish and administer educational institutions that reflect the minority’s culture and values.
• The state cannot discriminate against minority educational institutions, even if they receive state funding.

On the other hand,

Article 30 of the Indian Constitution  known as the “Charter of Educational Rights.”

• It guarantees the right of all religious and linguistic minorities to establish and administer educational institutions of their choice.
• The state cannot discriminate against these institutions, even if they receive state funding.

DRAWING  PARALLELS WITH T.M.A. Pai Foundation v State of Karnataka case:

In the case of T.M.A. Pai Foundation v State of Karnataka, for example,  it was held that the state governments and universities cannot regulate the admission policy of unaided educational institutions run by linguistic and religious minorities but they can specify academic qualifications for students and make rules and regulations for maintaining academic standards and the same principle applies in the appointment of teachers and staff consecutively the court held that minority educational institution does not lose its minority character as it receives government aid.  Making it clear that these institutions must admit non-minority students. 

CONCLUSION DRAWN BASED ON PREVIOUS PRECEDENCES:

As a result the conclusion drawn in the favor of Indian constitution suggests,  for instance that every individual resident of India is entitled to be enlightened about their own culture and practices followed in it but religion/ caste /creed remains no bar when it comes to having good educational qualification in an institution of one’s own choice.