NEED FOR EDUCATIONAL RIGHTS OF MINORITIES: CONSTITUTION

CONSTITUTION

Keeping this in mind, the constitution of India makes special provision for the interests of the minorities. Of all the special rights given to the minorities perhaps Article 30(1) hold a very special place for the fact that through education alone minorities can conserve their language, script and cultural heritage. It is the most important factor for the development of man as well as of the society. Even the international law recognizes that education is general human right and also crucial part of minority rights.

The Constitution declares Article 30(1) to be fundamental right of the minorities in India, whether based on religion or language. In the original draft, this particular article was not included in the Fundamental Right category. It was only a duty imposed on the state and the said article prescribed a limitation prohibiting state from passing any law which could be called oppressive. The present article has been given the status of fundamental right. Explaining the reason for doing so, B.R. Ambedkar stated:

The Present situation is that we have converted that into a fundamental right so that if the state made any law which is inconsistent with the provisions of the said article then that much of the law would be invalid.

Education Rights of the Minorities: Why and What?

Firstly it is important to note that there are two groups of minorities in India:

• Those based on religious or language that are permanent or quasi-permanent minorities in relation to the rest of the people of India.

• Those as are transient or quasi-transient minorities in relation to smaller segment or regions of the Indian population based on language, script or language.