Debating, improvising the constitutional provisions, and amending the inadequacies have been the essence of our constitution. And credit must go to our vibrant social society who had been continuously on the forefront to raise any direct or deemed impropriety. Article 30 of the Constitution is one such area that is incomplete as well as practically undefined within the essence of constitutional propriety.
Article 30 of the Indian Constitution deals with the right of minorities to establish and administer educational institutions in the country. It says the following:
(1) All minorities (religion or language) shall have the right to administer and establish educational institutions of their choice in the country.
(1A) while making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, the State shall ensure that the amount fixed for the acquisition of such property under such law would not restrict or abrogate the right guaranteed to them.
(2) The State shall not discriminate against any educational institution managed by a minority in granting aid.
Who is a Minority in India? The term ‘minority’ was neither clarified in the Indian constitution nor has been critically examined in the last 70 years. It is much later through a Gazette of India on 27 January 2014, people of Muslim, Sikh, Christian, Buddhist, Parsi, and Jainism have got minority community status in India.
To be honest, anyone pursuing the constitution should have immediately challenged this publication. The entire exercise lacked any scientific study and was in conflict with the principles enshrined in the constitution. How can 14% of the population of Muslims be equated with less than 2% of Sikh, Jain, and Buddhist?
How come Muslim and Christian majority states Like J&K, Meghalaya, Mizoram, and Nagaland be guarded under article 30 whereas the actual minority population of Hindu and Buddhist be left unguarded.
In light of Article 14 which guarantees: Right to Equality, this Gazette notification about the definition of minority is in complete contradiction to the spirit and words of article 14 itself.
Violation and Gross Misuse of Article 30: Muslim Madrasa and Christian convent have mushroomed in the last two decades taking advantage of article 30 and further have been granted substantial aid and assistance under Article 30(2).
But the question is: – Could these Madrasa and Convent be able to mainstream the student undergoing education there? Does the Government have any control over the curriculum and content of books under Study? And most important, can the Government control the appointment and superintendent quality of the appointment? Does there exist any regulation?
The answer is pathetic, worrisome. Some small steps to regularize and control these institutions have been taken by a few governments like UP, WB and Assam and the same had been found to be extremely inadequate. The student who would spend nearly decades of formative age at these institutions and away from overall integration would be a challenge for tomorrow`s mainstreamed world.
On top of that, the biggest injustice had been heaped upon the Hindu society, as they have been denied any Government support and assistance to run and promote their own cultural and civilizational values. Today Gurukul does not exist. The knowledge of Vedic literature and Sanskrit language is esoteric. While west is learning Ved and Bhagwat Puran Indians are watching them on “you tube”.
It is understandable that the vote bank policy of successive governments has eroded the essence and spirit of Article 30 of Indian constitution. The constitution had no disrespect for any language religion and race. Yet our executive order and prejudice had played havoc with the constitutional propriety.
Today a country of 80% of Hindu population has no authority to demand their cultural and civilizational upbringing from the Government and that is only due to Article 30.
So, it is time to either abrogate the article 30 or expand the scope of this article 30 to include all religion, all race and all language. Why should and how long Hindu should be denied the right they deserve?
An effective mechanism to mainstream education. And belief should be left to be only a private Affair.
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Sanat ji,
You are doing a great service to fellow Indians by describing the Constitution, it’s laws and defining it too at the same time, as normally people may not know about it.
Also at the same time you are educating the Indians not only their present rights as per Constitution as normally one does not know it, yet also at the same time you are educating people of their glorious past and the education we can still derive from it and be benefitted. Sneh Thakore