RESEARCH PAPER ON- “MINORITIES RIGHT ON EDUCATIONAL INSTITUTIONS”
SUBMITTED BY
MOHD FARHAN
ASIAN LAW COLLAGE
NOIDA
MINORITIES RIGHT ON EDUCATIONAL INSTITUTIONS
By Mohd Farhan *
ABSTRACT
Human development is largely dependent on education, which is “the most powerful weapon which you can use to change the world.”
~Nelson Mandela
Understanding the value of education and the need to safeguard the rights of minorities, the constituent assembly passed laws that would help minorities by enabling them to run their own educational institutions. Minorities have the freedom to establish and run the educational institutions of their choice under Article 30 of the Indian Constitution. Every minority has the freedom to establish and manage the educational institutions of their choice, irrespective of their language or religion.
Indian Judicial system in a very recent case(08 Nov.2024).The Supreme Court of India decide S. Azeez Basha v. Union of India (AIR 1968 SC 662) Supreme Court laid down that an educational institution includes University also and, therefore, minorities have a fundamental right to establish a University under Article 30(1) of the Constitution of India.
KEYWORDS
Minorities education, Madarsa Board, Religious Education, Socio-economic outcomes, Education reform, Minority empowerment curriculum.
INTRODUCTION
Education is a cornerstone to human development, and the future of a community is dependent on the children and Youth, as well as the structure of the country’s educational system. Nonetheless, this is critical not just for the welfare of society, but also for the welfare of the country. Knowing all of the scenarios, parliament allowed its citizens the freedom to follow and to establish freedom and liberty in their institutions. Unni Krishnan vs State of Andhra Pradesh established the right to education in an Indian legal decision. The Indian parliament granted its citizens the right to education in 2002 by a conditional amendment to the 86th Amendment Act, which was passed by that time.
Encouraging social justice and equality in diverse communities with racial, ethnic, religious, and linguistic minorities requires equal access to educational opportunities. There are still barriers to full participation in educational institutions in many parts of the world, even in spite of legal frameworks put in place to safeguard the rights of minorities. These obstacles affect minority students’ academic performance and range from overt exclusion and discrimination to covert institutional biases.
This research paper study investigates minorities’ rights in educational institutions, evaluating both the legal safeguards available to them and the continuing barriers they confront in achieving educational equality. Through a study of worldwide regulations, case studies, and the lived experiences of minority students, this paper will address the question: How can educational institutions better defend the rights of minority groups to encourage inclusivity, equity, and social cohesion?
RESEARCH METHODOLOGY
The research methodology used in this study is based on secondary information sources like Books, journals, and other publications. The current exploration work contains a basic examination and a definite investigation of the point – MINORITIES RIGHT ON EDUCATIONAL INSTITUTIONS. This study includes in-depth and in-depth web browsing, an overall study of the subject, and elaborate theoretical research.
LITERATURE REVIEW
Introduction:- We can comprehend minority status, educational institutions, and minority rights in this study article. Some men’s socioeconomic results and religious establishments such as madrasas This research paper examines the writings of Aligarh Muslim University’s minorities. Online resources cover every piece of written content. This study is finished using both qualitative and quantitative methods.
Body:- In S. Azeez Basha and Anr v. Union of India (1967), petitioners claimed that the amendment infringed upon their constitutional right under Article 30 (1) to create and run educational institutions. They further argued that the modifications infringed against the institution’s freedom of religion (Article 25), the right to acquire property (Article 31), the right to preserve culture and language (Article 29), and the right to engage in religious and charitable activities (Article 26(a).
On 20 October 1967, a five-judge bench, comprising Chief Justice K.N. Wanchoo and Justices R.S. Bachawat, V Ramaswami, G.K. Mitter, and K.S. Hegde made up the five-judge panel that upheld the amendment on October 20, 1967, ruling that the petitioners’ fundamental rights had not been infringed. AMU was neither founded nor run by the Muslim minority, the Bench reasoned. “It may be that the 1920-Act was passed as a result of the efforts of the Muslim minority,” the Court said, pointing out that the Act was enacted through a Central Legislation. However, that does not imply that the Muslim minority founded Aligarh University when it was founded under the 1920 Act. They concluded that the Act’s provisions “clearly show” that AMU’s management was not vested in the Muslim minority.
But In this conclusion in the Month of November 2024 Supreme Court held that AMU was a minority institutions and it’s have all the rights which minorities Institution have.
In this study we are able to understand minority right, Socio economic conditions, Education reform , Madarsa Board, Religious Education, Minority empowerment curriculum that all these facts have concluded in this Paper.
Summary:- By claiming to be a minority institution, AMU set aside 50% of its seats in postgraduate medical programs for Muslim applicants in 2005. In Dr. Naresh Agarwal v. Union of India (2005), this was contested. S. Azeez Basha was cited by the petitioners to support their claim that AMU is not a minority institution. The University and the Union argued that the 1981 amendment rendered S. Azeez Basha void. As a result, it can include policies that will favor Muslim pupils. According to S. Azeez Basha, the Allahabad High Court invalidated the reservation policy and ruled that AMU was not a minority institution and so could not have an exclusive quota.
The University and the Union government appealed the High Court’s ruling to the Supreme Court in 2006. A Division Bench consisting of Justices K.G. Balakrishnan and D.K. Jain halted the AMU’s reservation policy on April 24, 2006. The policy’s constitutionality was referred to a larger bench for determination.
The National Democratic Alliance administration, which was elected to the Union in 2014, backed out of the appeal in 2016, claiming that it did not recognize the University’s minority status. The University makes its own argument.
Chief Justice Ranjan Gogoi, Justices L. Nageswara Rao and Sanjiv Khanna, and a three-judge panel recommended the S. Azeez Basha ruling to a seven-judge panel for reconsideration on February 12, 2019.
The case was brought before Chief Justice D.Y. Chandrachud on October 12, 2023, and he assembled a seven-judge panel to hear it, which included Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai, Surya Kant, J.B. Pardiwala, and Manoj Misra.
Minority status was maintained on November 8, 2024, simply because the institution was established by statute; the AMU Minority Claim will be determined by its founder. Supreme Court, 4: 3.
WHAT IS MINORITY?
That’s the term that the constitution doesn’t define. In Re Kerala Education Bill21, the Supreme Court ruled that a “community, which is Numerically less than 50 percent” of the entire population is considered a minority. S. R. Das C.J. proposed the mathematical tabulation techniques. A Division Bench of the Kerala High Court ruled in A. M. Patroniv v/s. Kesavan22 that the term “minority” is not defined in the constitution and that, absent a special definition, any community, whether religious or linguistic, that makes up less than 50% of the state’s population is entitled to the fundamental rights protected by Article 30 of the Constitution.In the case of D. A. V College, Bhatinda v/s State of Punjab and others23, The Supreme Court held.
MINORITIES EDUCATION
“The most powerful instrument for social and economic advancement is education. Since the most educated and skilled individuals will profit most from the job opportunities that growth will bring, a population that is well-educated and sufficiently knowledgeable and skilled is not only required to support economic growth but also a prerequisite for inclusive growth.
As per the Census Report 2001, the percentages of minority population, viz. Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) and their literacy rates are, as:
CommunitiesPercentage of populationPercentage of literacyMuslims12.459.1Christians2.380.3Sikhs1.969.4Buddhists0.872.7Zoroastrians (Parsis)0.00797.9 |
According to the ‘Sachar Committee Report’, “one-fourth of Muslim youngsters aged 6-14 have either never attended school or are dropouts. Muslim children over the age of 17 had a 17% educational attainment at matriculation, compared to the national average of 26%. Only 50% of Muslims who finish middle school are likely to complete secondary education, compared to 62% nationally.” The low educational achievement of Muslim women, Muslims residing in rural areas, and those pursuing technical and higher education was also noted in the report. The High Level Committee, led by Justice Rajinder Sachar, has made several recommendations to raise Muslim populations’ educational status.
MADARSA BOARD
Madarsa’s offer both religious instruction in Islamic principles and practices, as well as mainstream secular education. Most madrasa adhere to the National Council of Educational Research and Training (NCERT) curriculum. The Madarsa Act provides a legal foundation for these institutions in Uttar Pradesh.6 Nov 2024 ( Indian express.com)
Indian Judicial system Supreme Court hold the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 – except to the extent it regulated higher education degrees- the Supreme Court observed that the Act promoted the substantive equality of the minority community. In the case very recent on (05/11/2024) Judgment of Case details: Anjum Kadari and another v. Union of India and others Diary No. 14432-, Managers Association Madaris Arabiya UP v. Union of India SLP© No. 7821/2024 and connected matters.
The case featured a challenge to the legitimacy of Uttar Pradesh’s madrasa Education Act, 2004. Anjum Kadari and others challenged several provisions of the act, saying that they were unconstitutional. The case was crucial in the context of educational rights and the regulation of madarsa (Islamic education institutes) in Uttar Pradesh.
Because it (i) supervises the quality of education provided by recognized Madarsas and (ii) administers tests and grants certificates to students, enabling them to pursue further education, the Madarsa Act protects the interests of the minority community in Uttar Pradesh. The Madarsa Act is in line with the State’s affirmative duty to guarantee that students enrolled in accredited Madarsas achieve a minimal standard of proficiency that would enable them to contribute to society and support themselves. Thus, CJI DY Chandrachud observed in the ruling that the Madarsa Act promotes substantive equality for the minority population.
In ruling that a statute is bound to be struck down if it is volitive of the essential framework, the high court erred. A statute’s invalidation on the grounds of secularism must be linked to specific constitutional provisions. Furthermore, Article 14 is not violated by the State legislature’s establishment of a Board to approve and oversee Madarsa education. The ruling also stated that the Madarsa Act promotes substantive equality.
Positive secularism allows State to treat some persons differently to treat all persons equally.The Court invoked the concept of “positive secularism” in its judgment as :
“The positive concept of secularism requires the State to take active steps to treat minority institutions on par with secular institutions while allowing them to retain their minority character. Positive secularism allows the State to treat some persons differently to treat all persons equally. 94 The concept of positive secularism finds consonance in the principle of substantive equality.”
SOCIO ECONOMIC OUTCOMES
In India, the socioeconomic status of minorities varies by community and might involve problems such
Poverty: The Muslim population has experienced the slowest rate of poverty alleviation when compared to other religious minority groups.
Literacy: Compared to other communities, whether rural and urban, Christians have a higher literacy rate.
Education: The largest percentage of people with secondary or higher education are Christians, followed by Sikhs.
Income: Sikh households have the greatest average monthly per capita expenditure (MPCE), followed by Christian households.Muslims are more likely to suffer from anemia and malnutrition.
Employment: Muslims are more likely to work as casual laborers, in the unorganized sector, or for lesser pay.
Housing: Urban Muslims are more likely to be houseless. India’s government offers programs to enhance socio-economic conditions for minorities, such as the Pradhan Mantri Janjatiya Vikas Yojana (PMJVK), which aims to improve quality of life and minimize imbalances in minority concentration areas.
Article 46 of the Constitution reads: “The State shall promote, with special care, the education and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of social exploitation.” Articles 330, 332, 335, 338–342, and the entire Fifth and Sixth Schedules of the Constitution address special requirements for implementation.
RIGHT TO ESTABLISHED
Minorities have the freedom to establish and run the educational institutions of their choice under Article 30 of the Indian Constitution. Every minority has the freedom to establish and manage the educational institutions of their choice, irrespective of their language or religion. This covers the authority to select the type of organization, its affiliation, and personnel. When offering assistance, the state is not allowed to treat any educational institution differently because it is a minority. Institutions of a minority should enjoy the same protections and treatment as those of the majority. Although minorities are allowed to create and run educational institutions, they are still subject to reasonable rules that the government may enforce to uphold welfare, avoid maladministration, or maintain educational standards. The Indian judicial system Azeez Basha v. Union of India was decided by the Supreme Court. Aligarh Muslim University is legitimate and constitutional. However, AMU was ruled not to be a minority institution by the Allahabad High Court. However, the Supreme Court ruled 4:3 in favour of AMU, holding that it has the constitutional right to create for the benefit and welfare of minorities.
RIGHT TO ADMINISTER EDUCATION INSTITUTIONS
The term “right to administer” refers to the ability to manage, maintain, shape, organize, and plan the institution’s internal affairs. The authority to select teaching and non-teaching personnel, admit students, choose the medium of instruction, and other matters is generally referred to as the minority education institution’s right to administrate. The Supreme Court noted in Re Kerala Education Bill 38:
“The right conferred on the religious and linguistic minority to administer Educational institutions of their choice is not an absolute right”. In St. Xavier College v/s State of Gujarat39 the court held that the right to Administer an institution means the right to effectively manage and conduct the affairs of The institution. The management must be free of control so that the founders of their Community can mould the institution as they think fit in accordance in particular will be Served. The court further observed that the right of administration is day to day Administration. The choice of personal management is part of administration. The University will always have a right to see that there is not mal-administration. If there is Mal-administration, the University will take steps to cure the same. There is no limitation on the subject to be taught in such institution, and they are Not debarred from giving general education as well in such institution. It is not necessary For the protection of article 30(1) that the majority of pupils belonging to the institution Must belong to the religion of minority in question. Thus nature and purpose of the Institution is entirely left to the discretion of the community40.This view was upheld by the Supreme Court in State of Bombay v/s Bombay Education Society41. Das C. J Observed.
ADMISSSIONS
In this case, St. Xavier’s College v. State of Gujarat (1974), the Supreme Court clarified that minority educational institutions have the right to admit students belonging to their own community and can give preference to them while making admissions, as long as the admission process is fair and transparent.
APPOINTMENT OF TEACHERS
In D.A.V. College, Jullundur v. State of Punjab (1971), the Supreme Court held that minority institutions have the right to appoint teachers of their choice, subject to their qualifications and suitability. It emphasized the importance of preserving the minority character of such institutions.
In this case, S.P. Mittal v. Union of India 1983, the court considered Auroville, a township founded on Sri Aurobindo’s beliefs. The Tamil Nadu government assumed control of the township and issued a presidential edict that became the Auroville (Emergency Provisions) Act of 1980.
The Act’s constitutionality was contested on four grounds because the government took over a “religious” business. The violation of Articles 29 and 30 was used as one of the defenses. The bench determined that Articles 29 and 30 are not violated by the aforementioned Act. The court decided that it did not violate Article 29 because it did not restrict their rights or stop anyone from maintaining their own language, writing, or culture. Additionally, in this case, one must prove that they are a linguistic or religious minority and that they created the organization in issue in order to be eligible for protection under Article 30. They were unable to seek protection because Auroville was based on Sri Aurobindo’s philosophy and was not religious.
AUTONOMY TO DEALS WITH AFFAIRS
In the landmark case T.M.A. Pai Foundation v. State of Karnataka (2002), the Supreme Court dealt with the autonomy of minority educational institutions and their right to establish and administer institutions of their choice. The Supreme Court held that minority institutions have the right to administer their affairs, including the right to appoint staff, but they must still operate within certain reasonable regulations imposed by the state.
MINORITIES EMPOWERMENT CURRICULUM
A Minorities Empowerment Curriculum aims to foster inclusivity, cultural understanding, social justice, and empowerment among students from underserved racial, ethnic, and socioeconomic groups. Such a curriculum aims to promote both academic and personal growth by giving children the tools they need to critically analyze their experiences and the world around them, while also instilling pride in their heritage and resilience. Here’s an outline of what a Minority Empowerment Curriculum could include:
Fair financing and resources Issue:
Underfunded schools in minority communities usually lack essential resources including up-to-date textbooks, technology, and extracurricular activities.
Solution: In order to distribute monies more fairly, regardless of local property taxes, school funding systems must be reformed. Targeted funding for disadvantaged schools can also assist in providing minority students with the necessary resources.
Suggestion:
Minority groups’ histories, traditions, and contributions are often ignored by traditional curricula, which leads to feelings of underrepresentation and marginalization.
Solution: Students from underrepresented backgrounds can feel that their education reflects them when diverse viewpoints are included in literature, history, and other subjects. Additionally, inclusive curricula can foster empathy and understanding among all students, making schools more culturally sensitive.
Teachers often lack cultural sensitivity and diversity, which affects minority students. Both academic achievement and student involvement may be impacted by this underrepresentation.
Solution: Creating a more welcoming and inclusive learning environment can be facilitated by hiring more teachers with diverse backgrounds and offering professional development in cultural competency and anti-bias training.
Resolving unconscious Bias and Discrimination:
Teachers sometimes have unconscious biases against minority pupils, which results in unequal treatment, inconsistent disciplinary actions, and lower expectations.
Solution: Adopt anti-racist training, update zero-tolerance disciplinary policies that disproportionately impact minority kids, and encourage restorative justice practices in order to rectify these disparities.
Access to advanced coursework Problem:
Minority students’ options for college and careers are sometimes limited since they are often unable to enroll in honors programs, college prep courses, and advanced placement (AP) classes.
Solution: It will help level the playing field if minority kids are given access to these chances and aren’t put in remedial programs because of biases or preconceptions. Additionally, mentorship and academic support can help students succeed in more challenging subjects.
Due to linguistic barriers, work schedules, or mistrust of the educational system, minority parents may find it difficult to participate.
Solution: By offering resources in multiple languages, setting up flexible parent-teacher conferences, and cultivating trust through community partnerships, schools may actively engage minority communities. Parents’ and community leaders’ needs and opinions should be heard and accepted by schools.
Mental Health Services and Social-Emotional Support Problem:
Additional stressors like racism, poverty, or unstable families may be experienced by minority children, which may affect their mental health and academic achievement.
Solution: Children can cope with challenges if they receive good mental health care, such as counseling and social-emotional learning programs. Additionally, schools may create a secure and caring atmosphere where children feel valued and understood.
Culturally Relevant Pedagogy:
Minority students may participate less if their cultural backgrounds are ignored.
Solution: By integrating students’ cultural contexts into the educational process, culturally relevant pedagogy enables them to relate what they are learning to their personal experiences. This tactic can increase involvement, enhance academic achievement, and foster a healthy school climate.
Programs for College and Career Readiness Issue:
Children of colour, especially those from low-income homes, might not have the support and resources they need to navigate college admissions and employment opportunities. Solution: Job-readiness classes, internships, college counseling, and mentoring programs can all assist children in acquiring the abilities and information required for postsecondary education and work.
Reforming minority education effectively requires a comprehensive strategy that tackles systemic issues and places a strong emphasis on creating a welcoming, encouraging, and equitable learning environment. Governments and educators may endeavor to eradicate achievement gaps and ensure that every student, irrespective of background, has an equal chance to succeed by tackling these areas.
CONCLUSION
The outcome of the case Azeez Basha versus Union of India underscores the critical role that minority educational institutions play in preserving and enhancing the rights and welfare of minority populations in India. The case raised the question of whether a minority institution, such as one controlled by a religious or linguistic minority, might be subjected to specific government restrictions, and how these regulations affect the autonomy and rights of such organizations.
The court’s decision reaffirmed Article 30 of the Indian Constitution, which guarantees minorities’ rights, particularly in relation to their educational institutions. This article empowers minorities to create and manage educational institutions of their choice without interference from the state, subject only to regulatory scrutiny to ensure educational standards and norms. Minority institutions are important because they can provide an environment that caters to minority groups’ distinct cultural, religious, and linguistic needs.These institutions not only preserve these communities’ particular identities, but also empower them via education. In this way, minority institutions add to the diversity of India’s educational system and improve the country’s social fabric. The court’s decision is a vital reminder that, while national interests and education programs must be preserved, they should not come at the cost of breaching minority groups’ fundamental rights.
In 2016, the government of the National Democratic Alliance, which was elected to the Union in 2014, withdrew from the appeal, stating that it did not acknowledge the University’s minority status. The University argues for itself.
On February 12, 2019, Chief Justice Ranjan Gogoi, Justices L. Nageswara Rao and Sanjiv Khanna, and a three-judge panel suggested that a seven-judge panel revisit the S. Azeez Basha verdict.
Chief Justice D.Y. Chandrachud heard the matter on October 12, 2023, and sent a panel of seven judges, including Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai, Surya Kant, J.B. Pardiwala, and Manoj Misra, to hear it.
In this all Scenario Supreme Court held a decision in the favour of minorities Institution and it’s to important also for that intrest of minorities.
Who build this Institution what’s their aim and objectives behind it? Then It’s clear it was built by Sir Syed Ahmed Khan in the year 1875 for the welfare of minorities.
Supreme court held decision give to strong support structure for minority students.
References
Books Referred :
The Constitution Of India (Bare Act)Publish by Lexis Nexis as amended by The Constitution (one Hundred and Fifth Amendment ) Act,2019 (w e.f.15-9-2021)
Report Referred
- Cultural and Educational Rights of Minorities: A Human Right And Constitutional Law Perspective Sk Jahangir Ali, Assistant Professor in Law,Balurghat Law College *
- Article 21a article versus 30 (1): right to education versus minority rights
Vishal Sharma
- Sachar committee report : under the chairmanship of Justice Rajinder Sachar
Website Referred
- https://indiankanoon.org/doc/1983234/
- https://www.minorityaffairs.gov.in/
- https://www.education.gov.in/educational-development-minorities
- https://www.scobserver.in/cases/aligarh-muslim-university-minority-status-case-background/
- www.livelaw.in
DATE:- 21/11/2024 MOHD FARHAN
(B.A.LLB.)
ASIAN LAW COLLAGE, NOIDA