Hindu Schools
Friends after reading the above you might ask a question, listen what you say is cool but on a day to day basis what are the matters that Hindu schools have to grapple with that minorities do not have to. Some of them are –
• They are subject to greater control and supervision by the state govts.
• Their right to recognition and affiliation can be regulated on grounds of public interest or national interest, which is not the case in minority institutions.
• In case of mismanagement an administrator can be appointed or the management can itself be transferred to another body, which is not the case in minority institutions.
• The State can insist on having its own nominees on the managing body or in the management of the institution, which is not the case in minority institutions.
• The State can mandatorily prescribe the procedure for appointment of Head Masters/Principals, which is not the case in minority institutions.
• The schools would have to follow the Reservation Policy for Scheduled Caste/ Tribes w.r.t. students and teaching/non-teaching staff which is not the case in minority institutions.
• The State govt can nominate students, which is not the case in minority institutions.
• The State/University can control selection Committee for teachers, which is not the case in minority institutions.
• On the basis of a cogent policy the State can refuse to give permission to start or recognize a new educational institution, which is not the case in minority institutions.
• The school has to seek approval of the State govt or University in the matter of appointment or disciplinary action against any member of teaching or non-teaching staff of the institution, which is not the case in minority institutions.
• In the case of a Society establishing an educational institution it needs to seek approval of the State govt for any amendment in its rules, regulations or byelaws framed for running the institution in addition to the procedure followed for such amendments under the Societies Registration Act, 1960. In the case of minority institutions no such approval is required.
Do Non-Minorities have a fundamental right to establish and administer educational institutions that are secular in nature? NO
Articles 26 and 29 (1) are the relevant articles for this purpose.
26 - Subject to public order, morality and health, every religious denomination or every section shall have the right – (i) to establish and maintain institutions for religious and charitable purposes.
29 - Any section of citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to preserve the same.
Art 26 deals with religious groups while art 29 (1) deals with linguistic and cultural groups. One argument that these articles give the same rights concerning educational institutions to non-minority religious and linguistic groups as are given by art 30 (1) to minority religious and linguistic groups. Neither art 26 nor art 29 talk about educational institutions although I do think that the provisions of art 29 can be best met through an educational institution.
Art 26 gives a right to non-minority groups to maintain institutions for charitable purposes can be extended to mean educational institutions. However, the limitation is that provided they can impart religious training only.
What is ground reality? Since open-mindedness is amongst the most important characteristic of Hinduism Hindus have taken to secular education soon after it was introduced by the British in the first half of the 19th century. Secular education does not include religious training for Hindus. On the other hand Muslims being more conservative provide education through madrassas mostly, that too mostly religious in nature. Since they are a minority the state funds this education. Thus the State ends up funding Islamic religious teachings but does Hindus are unable to learn their religious teachings since secular education excludes teaching of Hindu scriptures.
Further and more importantly a large section of the Hindus have grown without any exposure or teaching of their culture, religion and philosophy. The education that my parents had in 1930-40’s included exposure to Indian culture and tradition. Those of us born after 1960 more so in the 70-80’s had negligible exposure to Indian culture resulting in our becoming highly Westernized and ignorant about our culture and philosophy.
Thus, non-minority religious groups do not have a fundamental right to establish and administer an educational institution, which may be secular in nature. Is this what the framers of the Constitution intended?
