In this article, we will discuss the Rights related to culture and education in a simple and easy way and understand its various important aspects,
So to understand well, definitely read the article till the end and also read other articles related to this topic. Fundamental Rights
Although everything changes with time, but there are some things that we always want to keep. Culture is one of them. So before starting, remember This article is a continuation of the earlier articles on Fundamental Rights. So far we have understood Right to Equality, Right to Freedom, Right against Exploitation and Right to Religious Freedom. If you haven’t understood it, then definitely understand it.
Culture is a fundamental element of any civilization. It refers to the characteristics, group behavior and knowledge of a particular group of people, including language, religion, food, social habits, music and art, customs, traditions, etc. And education is a process of learning, teaching and transferring all these things.
India is a culturally diverse country where many different cultures live together while maintaining their culture. This is possible because our Constitution respects diversity and gives everyone the right to preserve their culture (especially the minorities whose cultures are most at risk of extinction).
So let us understand what kind of cultural and educational rights our constitution talks about –
Rights related to Culture and Education
If you remember Pandit Nehru’s Objectives Resolution, it also talked about the protection and proper development of the interests and cultures of the minorities.
This was also true because due to being in the main stream of the society, sufficient opportunities for development were available to the rest of the sections. But this minority class, one of which was low in numbers, and secondly, these people did not have enough participation in the government.
In such a situation it was necessary that some rights should be given separately to protect them. Keeping this in mind, the Fundamental Rights of Articles 29 and 30 were dedicated to these sections (especially of Article 30).
So you should keep in mind that the right to culture and education is especially for the minorities. There are total 2 articles in this section. Which you can see in the chart below.
|Right related to Culture and Education|
|Article 29 – Protection of interests of minorities|
Article 30 – Right of minority to set up and manage educational institutions
Article 29 – Protection of interests of minorities
(1) Any section of citizens residing in the territory of India or any part thereof, having its own distinct dialect, language, script, or culture, has the right to protect it.
That is to say, this above system protects the rights of a group.
(2) No citizen shall be denied admission to any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
That is to say that this above system protects individual honor and equality, no matter what community that person belongs to.
| Overall, the first system is related to a group, while the second system is related to the individual of any group. Here one thing which is worth remembering is that the title of Article 29 talks about minorities but it applies to all. The Supreme Court has also confirmed this case and said that it is not related to minorities only but it is related to all citizens (i.e both minority and majority).
Article 30 – Right of minorities to establish and administer educational institutions
This article is completely dedicated to the minorities. It has the following provision.
(1) All minorities based on religion or language shall have the right to establish and administer educational institutions of their choice.
This provision has been made so that they can easily pass on their art and culture, literature and tradition, their beliefs and their philosophy etc. from one generation to another.
[Note : What is meant by the establishment and administration of educational institutions here as clarified by the Supreme Court in the Secretary of the Malankara Syrian Catholic College Case (2006), explained below]
Through the 44th Constitutional Amendment Act, the right to property was removed from the fundamental right and through this amendment act, a sub-provision was added to the above provision, which is as follows;
(1A) – If the property of an educational institution belonging to a minority is compulsorily acquired by the State, the State shall ensure that the amount to be paid for the acquisition of such property is such that the right guaranteed under that clause is not restricted or abrogated.
(2) In granting aid to educational institutions, the State shall not discriminate against any educational institution on the ground that it is under the management of any minority group based on religion or language.
This means that the state will be expected to have the same financial outlook towards institutions managed by minorities as they do to others.
These above rights, which come under Article 30, also provide the minorities the right to education in their own language to their children. It is important to know here that what are the types of minority educational institutions.
Types of Minority Educational Institutions
There are three types of minority educational institutions.
1. Institutions that take financial aid and recognition from the state.
2. Institutions which take recognition from the state but do not take financial assistance.
3. Institutions which neither take financial assistance nor recognition from the state .
Whichever educational institution takes financial aid or recognition from the state or takes both, then the educational work and all kinds of work will be done according to the state.
That is, simply say, the teaching work in the first two will be according to the state, while the third type of institutions can conduct their administrative work on their own but without violating the law .
Secretary of Malankara Catholic College Case (2006)
As mentioned above, what is meant by the Supreme Court, establishment and administration of minority educational institutions through this case; explained to. such as
1. The right to establish and administer minority educational institutions includes the following rights;
(a) The right to choose its own governing body in which the founders have confidence that it will be able to run the institution well.
(b) The right to appoint teaching staff and non-teaching staff, as well as to take action against them for negligence in their work.
(c) Right to admit deserving students of their choice and to establish a consistent fee structure.
(d) Right to use his wealth and assets in the interest of the organization.
2. The right to establish and administer minority educational institutions is not absolute or unbounded. That is, in the event of mismanagement or non-fulfillment of the criteria of academic excellence, regulatory measures can be taken by the state or in some cases its administration can also be controlled.
Overall, this is the Rights related to culture and education, hopefully you must have understood, below is the link of other articles, must read it too.