NEED FOR EDUCATIONAL RIGHTS OF MINORITIES: INTRODUCTION

Each society is an amalgamation of distinct cultures and religious communities who cherish their identities and rightly wish to preserve them. Correspondingly one can notice the division of population into a majority and several minorities on the basis of religious as well as ethnic cultural communities. Though everyone should have the right to protect, preserve and practice their beliefs, the minorities often feel neglected and looked down upon. Therefore it is essential that for the protection of minority, their distinct religious and cultural identities are preserved. The basic object of such minority protection is to instill confidence in them, create a feeling that they will never be overrun by the majority and to homogenize the pluralities in a civil society and to integrate minorities fully and equally into the national life of the state characterized by the ethos and interest of majority.

The history shows that there can be no stable equilibrium in any country so long as an attempt is made to crush a minority or to force it to conform to the ways of the majority. The largest democracy of the world is also said to be the house of the most diverse societies in the world. It has people from all the major religions. Although the Hindus constitutes an overwhelming majority, but there is a considerable number of Muslims, Christians, Parsees, Buddhist and Jains religions too. The diversity in India is noticed on various fronts other than religion and culture such as language. Diversity is coupled with linguistic diversity4. In addition to that there are also a number of Scheduled tribes and certain unidentified communities which are internally heterogeneous5. All these make India a country which has not only religious but also linguistic and cultural diversity.

The guardian of the state, the constitution provides certain fundamental tenets, chief among them being the rule of law, equality and special provisions for certain vulnerable groups. The Constitution of India envisages a secular. It visualizes a state offering justice, social economic and political to all the citizens. Freedom of Speech and Expression and the Right to Form Association and Union are guaranteed to all. The Indian Constitution made India a sovereign, socialist, secular, democratic, republic consisting of a representative government deriving its power from the people and exercising the same through representatives freely chosen by and who are responsible to the people. The Government is run by a majority party and political power is distributed between them. The rights guaranteed by the Constitution are available to all the citizens irrespective of distinction of any kind. But for the protection of minority so that they are not hampered by the majority, the constitution went a step further by adopting a separate group of articles to infuse confidence in the minority communities of this country6.

The term minority occurs only in Articles 29 and 30 of the Constitution. Article 30 recognizes the right of a minority whether based on religion or language to establish and administer educational institutions of their choice and prohibits the state from discriminating against any educational institutions on the ground that it is under the management of a minority. The concept of minority though not define by the Constitution occurs again in Article 29 of the Constitution where the right of any section of the citizens residing in the territory of India’ to ‘conserve’ its distinct language, scrip t or culture is protected. Moreover Article 25 to Article 28 of the Constitution protects the religious and cultural of the minorities.

In Addition to these rights the articles of the Part III of the Constitution guaranteeing specified fundamental right either to individual citizens or to all persons, whether citizens or not, strongly reinforces these protection. It seeks the protection of individual activities of members of group or sections of the population whether operating in isolation or in concert. They are often directed towards the promotion of these groups or their activities.

Education and Minority Rights. Minority Education Institutions

The problem of minorities is such that it has evoked enquiry not only in India but in almost all the democratic countries because a true democracy envisage a system where there is equality of opportunities for every community in all field and providing an opportunity of participation in the national reconstruction without losing their separate identity.