Educational Rights of Minorities Under Article 30 - A Prime Source of Inequality

  • Educational Rights of Minorities Under Article 30 - A Prime Source of Inequality

    Date : 02-08-2018 17:00

    Educational rights of minorities under article 30 - A prime source of inequality

    INTRODUCTION: India is a diverse country where since ages various groups of racial, cultural and religious groups living together under the same roof. These groups coexisted in peace till the recent time when the issues of minority class popped up in this peaceful diverse pond. We cannot precisely trace where the problem actually started but the seeds were said to have sown during the British raj. Whether it is the partition of Bengal or partition for administrative benefit among Hindus and Muslims, the seed sown has held strong roots which are emerging above the ground and causing various problems. This problem was encountered by the framers of our constitution. They sought liberty and most of it equally among all classes of people. With that article 30 of the constitution was made which provides for separate establishment and administration of minority institutions. Although the term minority has not been defined under Indian constitution but in common parlance, it is perceived to mean small in number. For this article 29 ensure that any minority community living in any part of the country has the right to protect their culture. This extends to the extent that they should be able to take admission in any educational institution which is run by the state. These rights granted to the minorities work positively and negatively both ways.

    ARTICLE 30 OF CONSTITUTION OF INDIA: It provides for the right of minorities to establish and administer educational institutions. This article provides wide scope of choice to these people. This helps them in protecting their religion, culture, and language while imparting education to children in their own language. Also, it puts a bar for the state in order to avoid any kind of discrimination on the basis that the institution is being maintained by a minority class while granting financial aid or any other help to any such institutions. Provisions for minorities under article 29 apply only apply to a citizen of the country makes it sure that it safeguards their interests by and through educational institutions. While that of article 30 applies both for citizens as well as non-citizens. The power of managing an educational institution has also been granted to the extent to even conduct the affairs of the institution as they think fit would be good for conserving their community. Any interference by any organization or even the government towards the functioning of these institutions would be considered violative of the right of minorities granted under article 30. But there is no bar for the state to make welfare policies for development, growth and protection of interests of the working staff and organization as a whole.

    CONCLUSION: a coin has two sides, same works for almost everything in the world. You cannot have it both ways. There are pros and cons and you need to accept that and move forward with it. These provisions prove advantageous to the beneficial class while on the other hand disadvantageous as to the monopoly and lessening the role of government. As a result of wide powers the situation is that people has started exploiting the power given to them, but as it’s a matter fundamental right of right to education even government cannot interfere with the same.

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