PIL in SC for the fundamental right to run educational institutions for both Hindus and minorities, seeks Un-Edexlive


A DIP has been filed with the Supreme Court asking the Center to declare that the basic rights accorded to minorities such as Muslims and Christians to run educational institutions are also made available to the majority community under the Constitution.

Articles 29 and 30 of the Constitution deal with the rights of minorities to protect their “distinct language, script or culture”? and grant them, whether based on religion or language, the right to establish and administer the educational institutions of their choice.

Lawyer and BJP leader Ashwini Upadhyay, in his DIP, made the Ministries of Interior, Education, Law and Justice and Minority Affairs as respondents and asked them to introduce the Code of uniform education by declaring that the fundamental rights guaranteed under Article 29 (right to preserve writing, culture, etc.) to minorities are “available to all citizens”.

?? Lead and declare that Hindus have similar rights to retain their language, script and culture as Muslims, Christians and Parsis, and the state cannot restrict this right, ?? the plea, filed by attorney Ashwani Dubey, said.

The advocacy demanded an instruction from the Center to declare that the majority community has “similar rights to establish-administer educational institutions of their choice such as Christian Parsi Muslims, and the state cannot shorten it.”

Article 30 of the Constitution stipulates that “all minorities, whether based on religion or language, have the right to establish and operate educational institutions of their choice”.

The provision also reads: “The state shall not, in granting aid to educational institutions, discriminate against an educational institution on the grounds that it is under the leadership of a minority, regardless of whether it is based on religion or language ”.

The plea said that Articles 29-30 were introduced into the Constitution with the situation and the aftermath of religious partition in mind.

These provisions were not intended to prevent the majority Hindu community from establishing the Gurukuls and Vedik schools of their choice, but only to give minorities an extra layer of protection in the event that the state tries to impose a point of view on them. majority,?? It said.

Advocacy now calls for the extension of similar fundamental rights to the majority community bearing in mind rights such as equality and protection against discrimination based on caste, race, language, sex and religion. .

Because all citizens have the right to maintain their writing and their linguistic culture and the right to establish and administer the educational institutions of their choice and to give this right to minorities only would defeat the aim even secularism.

?? Therefore, the Center is obliged to introduce a uniform teaching code in the harmonious construction of articles 29-30 with articles 14, 15, 16, 19, 21A and the preamble, ?? said the plea.


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