This article is written by Moyesha Sharma
Introduction
India is a country known for its diversity on basis of different factors like religion, caste, culture, languages etc. To accommodate so many diverse groups with varying differences it was important to give them recognition and preserve their uniqueness. As per the Indian Constitution there are two kinds of minorities the state recognizes, these are religious and linguistic.
The complexity of the Indian Constitution identifies these differences and have provisions to protect the heterogenetic nature of the country. Within the ambit of Fundamental rights (Art 12-35), Articles 29 and 30 deal with the recognition and respect of rights of minorities in the country.
Education has long been seen as the means of igniting the desire to be aware of other essential rights. It is the key to unlocking the feeling of fairness and injustice. Stability and the enhancement of creative and problem-solving capabilities, along with the pursuit of an unwavering optimism, are the fundamental goals of education in human life. From this point forward, requiring all children, regardless of gender or social background, to have universal access to education will help youngsters develop the abilities, knowledge, morals, and attitudes needed to become engaged and responsible members of our nation’s society. To implement the fundamental right to education guaranteed by Article 21A (1) of the Indian Constitution, the Right of Children to Free and Compulsory Education Act was passed in 2009[1]. It is important to provide for an environment where a person does not feel excluded because of his/her cultural or linguistic identity. The Constitution of India respects the differences and safeguards these minorities. It is possible that the minorities become a part of the daily stream and might assimilate into the culture which is more widely followed. This would lead to cultural homogenization and loss of unique linguistic and cultural identity, and with this the historical practices and traditions attached to them.
So, to promote the minority culture we need laws for their protection not only against the state but also against any other private institution including educational institutions.
Article 29(1) states that any section of citizens with a distinct language script or culture shall have the right to conserve the same[2].
As per Article 29(2), no person can be denied admission to an educational institution based on religion, race, caste, language or any other factor[3]. From the language the rights can only be claimed by Indian citizens and not others[4].
India is a democracy with a sense of pluralism inherent in it. While Article 15 prohibits discrimination by the State, to guarantee the right to education for everyone it was necessary to prohibit discriminatory treatment in educational institutions. Dr. B.R. Ambedkar himself faced discrimination and considered education as a basic need along with food, shelter and clothing[5]. This Article not only deters discriminatory practices and casteism but also to conserve the culture, languages and practices of minorities.
The linguistic diversity of India is so vast that not all the languages have been recognized by the 8th schedule of the Constitution of India. The country has 22 languages which have been officially recognized[6]. India is home to many tribes with their own cultures and languages. Also, a particular language has variations from region to region within a particular state. Hindi or Hindustani is considered as the most spoken language and is also recognized as the mother language of the country, but its use is only limited to Ganges and Northern India. The regions in the South have their own languages. This is the reason why English is used for all the official work.
Further, under Article 30, minorities have the right to establish and administer educational institutions of their choice and can own the property to run such institutions[7]. This imposes a duty on the State not to discriminate against any institution run by a minority. The six religious communities recognized as minority under section 2 of National Commission for Minorities (1992) are Christians, Sikhs, Muslims, Buddhists, Parsis and Jains[8].
Though there is exception to such protection of property introduced by the 44th Amendment Act of 1978 added article 30(1A). This article states that the State shall make sure that any amount set by or determined under such law for the acquisition of that property is such that it does not restrict or abrogate the right guaranteed under that clause if the law utilizes the provision for the compulsory acquisition of any property of any educational institution that is operated by a minority[9]. To understand the evolution of interpretation of these rights let us look at some cases:
The Supreme Court ruled in Azeez Basha v. Union of India held that a minority community does not have the authority to run an educational institution if it was not founded by them because it is necessary to read “established” and “administered” together[10]. This case is popularly known as AMU Case.
In D.A.V College, Bhatinda vs State of Punjab and Ors. The court widening the scope of minority language under article 30 said that a minority may have a separate spoken language even without a separate script[11].
The State of Madras vs Srimathi Champakam Dorairajan
The case of The State of Madras vs Srimathi Champakam Dorairajan and the concerned student admissions to Madras’ engineering and medical institutions because the Madras was a province with the sequence in which the number of seats for specific communities was fixed[12]. In this decision, the Supreme Court denied minorities’ right to reserve the basis of communal identity.
Also, it is important to note that the protection guaranteed by Article 29 and 30 extends to Hindus as well. Hindus comprise much of the total population in India, yet they are a minority in several areas. In some parts of the country, Christians, Muslims, and other minorities comprise the majority; nevertheless, the number of Hindu minorities varies by state and region. Thus, Article 29 of the Indian Constitution supports minorities who are susceptible to losing their cultural identity including Hindu minority.
Landmark Cases
Ravneet Kaur v. Christian Medical College
The Court noted in the 1997 decision of Ravneet Kaur v. Christian Medical College that the state was encouraging prejudice in the institutions receiving aid. The Court ruled that not only state-run institutions but private universities and institutions that receive government funding are also prohibited from discriminating against students based on their race, religion, or caste[13].
With its 11-judge decision the TMA Pai Foundation case established a historic milestone and established important guidelines for the regulations governing private institutions. The TMA Pai Foundation v. State of Karnataka landmark case continues to influence the field of education, especially regarding the applicability of statutory provisions with a precedent which establishes providing for education as a charitable task and not a profit-making one. A crucial provision of Part III of the Constitution is Article 30, which delineates minority educational rights and gives them the power to “establish and govern educational institutions of their choice” in addition to other fundamental rights, education itself should be the goal[14].
Bombay education Society vs State of Bombay
In the 1954 case of Bombay education Society vs State of Bombay, the state government had issued an order declaring that Anglo-Indians who wish to keep their educational institutions open and teach in English are required to do so for Anglo-Indian students exclusively. If they choose to admit other Indian students, they will be stripped of their financial assistance unless they convert to Hindi as the medium of education. The Supreme Court ruled that minority educational institutions have the liberty to admit students of their choice, even if they receive government funding, and overturned the Bombay government’s order prohibiting admission of people whose primary dialect is not English to English-medium schools because it denied admission based solely upon language[15]. The idea behind this ruling was that the government cannot pass a rule that denies a citizen of his right guaranteed by the Constitution or is against welfare of the people.
Another landmark case is the case of Jallikattu On May 7, 2014, the Supreme Court prohibited jallikattu, alleging violations of the 1960 Prevention of Cruelty to Animals (PCA) Act. Animal rights groups had been calling for a ban on the sport because of occurrences involving injuries and fatalities to the bull. In this continuing discussion, the Supreme Court’s recent decision to permit bull-taming games like jallikattu and bullock-cart races marks a major turning point. The court’s ruling highlighted the significance of jallikattu in South Indian culture while simultaneously highlighting the need to stop animal abuse and enforce the laws for animal welfare and protection[16].
This shows how the Courts have preserved the uniqueness of various Indian cultures without compromising the protection and welfare of minorities.
Granting minorities the ability to preserve and uphold their cultural and religious traditions is the primary goal of these rights. But it does not promote age-old practices against humanity. It is apparent that every minority group wants their children to receive an education in an environment that supports the development of their culture[17]. Minorities are protected by Article 30 to create and run any institution of their choosing, which will prevent them from feeling alone, discriminated against, and in the true spirit of liberty, equality, and fraternity, the principles enshrined in the Preamble of the Indian Constitution. Articles 29 and 30 are both pivotal in shaping and protecting minority rights. One of the best things about Indian society is its diversity, which is a composite of heterogeneity, this is the reason why minorities are provided with these rights by the Constitution with the objective to safeguard the ethnic variety of this nation and to give all groups, in particular marginalized ones, the means to guard, preserve, and spread their cultural traditions[18].
[1] “Right to Education under Article 21A of Indian Constitution – Drishti Judiciary” (Drishti Judiciary) <https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/right-to-education-under-article-21a>
[2] “Constitution of India | Legislative Department | India” <https://legislative.gov.in/constitution-of-india/>
[3] “Article 29: Protection of Interests of Minorities – Constitution of India” (Constitution of India, March 31, 2023) <https://www.constitutionofindia.net/articles/article-29-protection-of-interests-of-minorities/>
[4] Rauscompass, “Article 29 & 30 – Rau’s IAS” (Compass by Rau’s IAS, March 21, 2024) <https://compass.rauias.com/polity/article-29-30/>
[5] “Babasaheb Ambedkar – Education and Society” <https://ebooks.inflibnet.ac.in/socp13/chapter/babasaheb-ambedkar/#:~:text=Education%20was%20assigned%20a%20revolutionary%20role%20in%20Ambedkar%E2%80%99s,channel%20for%20construction%20of%20a%20new%20social%20order.>
[6] ——, “8th Schedule of Indian Constitution – 22 Official Languages” (BYJUS, December 1, 2022) <https://byjus.com/free-ias-prep/list-of-languages-in-the-8th-schedule/>
[7] Anushka, “Article 29-30, Cultural & Educational Rights in Indian Constitution” (March 10, 2013) <https://www.gktoday.in/article-29-30-cultural-educational-rights-in-indian-constitution/#google_vignette>
[8] “Definition of Minority” <https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1744064>
[9] ——, “Article 29-30, Cultural & Educational Rights in Indian Constitution” (March 10, 2013) <https://www.gktoday.in/article-29-30-cultural-educational-rights-in-indian-constitution/>
[10] “AMU Minority Status – Supreme Court Observer” (Supreme Court Observer, February 8, 2024) <https://www.scobserver.in/cases/aligarh-muslim-university-minority-status-case-background/>
[11] Anakhan, “Article 29 and 30 of the Indian Constitution – Important Case Studies” (iPleaders, January 25, 2019) <https://blog.ipleaders.in/article-29-and-30/>
[12] “State of Madras v. Smt. Champakam Dorairajan (1951) – Reservation in Educational Institutions Case | UPSC” (IAS EXPRESS, January 24, 2023) <https://www.iasexpress.net/ie-pedia/state-of-madras-v-smt-champakam-dorairajan-1951/>
[13] Joshi M, “Article 29 of Indian Constitution: Protection of Interests of Minorities” (The Indian Constitution, May 18, 2024) <https://theindianconstitution.com/article-29-minorities-interest-protection/>
[14] “TMA Pai v/s State Of Karnataka: AIR 2003 SC 355” <https://www.legalserviceindia.com/legal/article-9736-tma-pai-v-s-state-of-karnataka-air-2003-sc-355.html>
[15] “BOMBAY EDUCATION SOCIETY VERSUS STATE OF BOMBAY on 15 February 1954 – Judgement – LexTechSuite” (February 15, 1954) <https://lextechsuite.com/BOMBAY-EDUCATION-SOCIETY-VERSUS-STATE-OF-BOMBAY-1954-02-15#google_vignette>
[16] “Preserving Tradition: The Landmark Ruling on Jallikattu” (Drishti IAS) <https://www.drishtiias.com/daily-updates/daily-news-editorials/preserving-tradition-the-landmark-ruling-on-jallikattu>
[17] “Indian Constitution and Minority Educational Institutions – Rights of Minorities and Other Marginalised Groups” <https://ebooks.inflibnet.ac.in/hrdp06/chapter/indian-constitution-and-minority-educational-institutions/>
[18] ——, “Cultural and Educational Rights – Articles 29 &Amp; 30 [UPSC Indian Polity Notes]” (BYJUS, February 9, 2024) <https://byjus.com/free-ias-prep/cultural-and-educational-rights-articles-29-30/#:~:text=There%20are%20six%20fundamental%20rights%20enshrined%20in%20the,and%20its%20diversity%20is%20one%20of%20its%20strengths.>
