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The Protection of Interests of Minorities is enshrined as a Fundamental Right under Article 29 of the Indian Constitution. This article protects linguistic and religious minorities from discrimination in the enjoyment of their cultural and educational rights. Under this article, the right to establish and administer educational institutions is also granted to minorities. In this article , we will discuss the Cultural and Educational Rights granted to minorities under the Indian Constitution.
What are the cultural and educational rights?
Cultural and educational rights are the rights of every citizen to preserve their culture and to get an education. These rights are enshrined in the Constitution of India in Articles 29 and 30.
Legal provision of cultural and educational rights under the constitution.
Article 29 protects the interests of minorities. It guarantees that any citizen belonging to a religious or linguistic minority shall not be rejected from taking admission to any educational institution run by the State or taking help from government funds on the basis of only religion, language etc.
Article 30 empowers minority groups to establish and administer their educational institutions. The minorities shall have the right to conserve their language, script, and culture. This right is subject to public order, morality, and health.
It means that only on the basis of caste, religion, language or race discrimination is done against any citizen of India. Equality before the law and equal protection before the law cannot be taken of any individual within the country. The state also cannot stop the promotion of any language or the propagation of any culture.
What is the connection between Article 29 and Article 30 of the constitution?
Article 29 of the Indian Constitution safeguards the protection of the interests of minorities by providing them with the right to conserve their language, script, and culture. It states that citizens shall not be stopped from taking admissions into any educational institution that is maintained by the state or denied to receive state funds only on the basis of race, sex, caste, religion, or language. Article 30 of the Indian Constitution provides minorities with the right to construct and run educational institutions as per their choice. This right is subject to the regulation and control of the state. The state can prescribe qualifications for teachers in such institutions.
Article 29 is a Fundamental Right while Article 30 is a Constitutional right. The difference between the two is that Fundamental Rights are enforceable by the courts while constitutional rights are not.
Who are the minorities?
The term ‘minorities’ is not defined in the constitution, however, the inference can be drawn from Article 30(1). Article 30(1) talks about linguistic and religious minorities. The minorities have been defined based on language and religion. The Protection of Interests of Minorities is a Fundamental Right guaranteed under Part III of the Indian Constitution.
In the case of Islamic Academy of Education v/s State of Karnataka, the apex court held that to determine whether a particular group belongs to a minority or not certain factors such as language, economic background, social background, cultural and religious ground, and political representation have to be looked into. The court further held that the right of minorities is to establish and administer educational institutions.
In the re Kerala Education Bill, the court dealt with one of the important questions of minorities. The court mentioned that any community having less than fifty per cent of the total population of the state can be declared as a minority for Article 30(i.e right to establish and administer educational institutions). Article 29(i) of the Indian Constitution protects the cultural and educational rights of minorities. The right guaranteed under Article 29 is twofold- first, it protects the right of any section of citizens to safeguard its distinct language, script, or culture; and secondly, it ensures that citizens cannot be stopped from taking admission into any educational institution that is controlled by the State or denied of receiving fund from the state on the basis of religion, caste, language, race or any of them.
In another case of D.A.V. Julundhur College v/s State of Punjab, the court held that the law does not prohibit the state to promote its regional language, and simultaneously it doesn’t create any pressure on the state to make laws to promote the regional language. The right of minorities under Article 30(i) is subject to public order, morality, and health. The court further held that the Right under Article 30 is not absolute and it is subject to clauses (a) to (g) of Article 30(i).
Conclusion
Indian students have the right to receive education in their mother tongue and also preserve their cultural identity. Article 29 of the Constitution of India guarantees this right, while Article 30 protects the interest of minorities to establish and administer educational institutions of their choice. The government must uphold these rights and ensure that all students have access to quality education in a language they understand. These constitutional provisions are important for ensuring that every student in India can realize his or her full potential.
