NEED FOR EDUCATIONAL RIGHTS OF MINORITIES: ADVISORY COMMITTEE

When this report came to be considered by the Advisory Committee in its meeting held on April 22, 1947, Alladi Krishnaswami objected to clause (i), seeking to protect mother tongue was a matter nobody otherwise also could interfere with K.M. Munshi explaining the reason says that the clause was taken from the minorities rights in the Polish which was later incorporated in the Polish Constitution. He said that attempts were made in Europe and other places to prevent the minorities from using or studying their own language. This right had therefore come to be regarded as a classical right of minorities. In spite of Munshi’s insistence, the clause was deleted. Clauses (II) and (III) were accepted with slight modifications. There was much discussion on Clause (IV) which provided for the right to establish and administer educational institutions and the right to state aid.

One objection to the inclusion of this right was that such a right would perpetuate communal institutions and that the state should not give aid to such institutions.12 however the objection could not persuade the committee and the clause as slightly modified in its form was supported by a majority vote. Clauses (V) and (VI) deleted as redundant. Another suggestion which if accepted would have shaken the very foundations on which minority was to be demanded and to conceded was G.B. Pant’s suggestion that the rights recommended by the sub -committee could be more properly incorporated as directive principles which would be kept in view by the legislation but would not be enforceable in the court of law. While Munshi opposed if they were made non-justifiable, Sardar ujjal singh and Ruthnaswami opposed the proposal on the ground that a change of these right from the status of fundamental rights to the state of moral precepts would not be acceptable to the minorities.

The Advisory Committee ultimately came to recommend the following:

• Minorities in every unit shall be protected in respect of their language and culture, and no laws or regulation may be enacted that operated oppressively or prejudicially in this respect.

• No minority whether based on religion, community or language shall be discriminated in regard to the admission into state educational institutions, nor shall any religious instruction be compulsorily imposed on them.

o All minorities, whether based on religion, community or language, shall be free in any unit to establish and administer educational institutions of their choice.

o The state shall not, while providing State aid to schools discriminate against schools under the management of minorities whether based on religion, community or language.