Minority rights in India under Article 30 – a three part series.
In light of the exemption granted to minority unaided schools with respect to burdens and regulations in the RTE (Right to Education Act) I launched into a deep study of original sources. I read almost the entire body of case law, never missed a news report related to RTE, observed closely the interplay and overlap of HRD and Minority Affairs. I have completed most of what I set out to do in April 2012. It was the most rewarding 8 months of part time study. I want to share it all with you here. No jargon or philosophy I promise.
Series on Article 30
The ground to be covered is so vast that I cant address it all in one post. Instead I am going to break it up into chunks so that each chunk can be read on its own.
Let us make sure we equip ourselves with the two most basic constitutional provisions,
Article 30(1) – the “minorities only” clause that is at the centre of all this.
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice
Article 19(1)(g) – the “secular provision” that has gained traction as one that protects ALL citizens including Hindus and minorities from engaging in any activity including education.
(g) All citizens shall have the right, to practise any profession, or to carry on any occupation, trade or business
Summary : Art 29(1) under “Protection of interests of Minorities” says any section of citizens having a distinct culture, language, or script of its own shall have the right to conserve the same. Does 29(1) have anything to do with Art 30(1) ? I cite case law to show how Sanskrit and Vedic culture has come under incessant political and activist attack and had to resort to judicial help to scrape through.
Part 2-3 : Coming soon. Regulation, wholesale exemptions, competitive advantage, nationalization of non-minority institutes.