CULTURAL AND EDUCATIONAL RIGHTS: ARTICLE 29-30

Cultural and Educational Rights in India: Articles 29-30 Explained

Cultural and educational rights, enshrined in Articles 29-30 of the Indian Constitution, are vital provisions that aim to preserve and promote the diverse cultural heritage of the country while ensuring access to education for all. Article 29 guarantees the right of minorities to conserve their distinct language, script, or culture, while Article 30 provides minority communities with the right to establish and administer educational institutions of their choice. 

Safeguarding Minority Rights: Understanding Article 29 of the Indian Constitution

• Rights of a Group: It provides that ‘any section of the citizens’ residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.
• Right of a Citizen as an Individual: No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language.
• Article 29 grants protection to both religious minorities as well as linguistic minorities.
• The Supreme Court held that
  • The term ‘section of the citizens’ includes minorities as well as the majority.
  • The right to conserve the language includes the right to agitate for the protection of the language.
• Jallikattu Case Animal Welfare Board v. Union of India: SC considered whether Jallikattu was protected as a cultural right under Article 29 of the Indian Constitution. 
  • The Court upheld Jallikattu’s practice, permitted by the 2017 Tamil Nadu Amendment to the Prevention of Cruelty to Animals Act, 1960. 
  • This decision overturned the 2014 ruling in Welfare Board of India v. A. Nagaraja, which banned such sports, including Jallikattu.

Article 30: Right of Minorities to Establish and Administer Educational Institutions

• All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
• Protection of Minority Educational Institutions: The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them.
• Non-Discrimination Policy: In granting aid, the State shall not discriminate against any educational institution managed by a minority.
• Regulatory Oversight: Although minorities have the right to establish and manage educational institutions, they are still subject to reasonable regulations that the state may impose to maintain educational standards, ensure welfare, or prevent maladministration.

• The right under Article 30 also includes the right of a minority to impart education to its children in its own language. 
• Classification of Minority Educational Institutions: There are of three types: 
  • Seeking recognition as well as aid from the State. They are subject to the regulatory power of the state.
  • Seeking only recognition from the State and not aid. They are subject to the regulatory power of the state.
  • Neither seeking recognition nor aid from the State. They are free to administer their affairs but subject to the operation of general laws like contract law, labour law etc.
• Rights of Minorities in Educational Institutions: Minorities have the right to establish and administer educational institutions, including the following rights:
  • Choosing a governing body trusted by the institution’s founders to manage its affairs.
  • Appointing teaching and non-teaching staff and addressing any dereliction of duty.
  • Admitting eligible students and setting reasonable fees.
  • Utilizing properties and assets for the institution’s benefit.
• Equality, Not Preferential Treatment: The right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-à-vis the majority. 
  • There is no reverse discrimination in favour of minorities.
  • Absence of Absolute Authority: The right to establish and administer educational institutions is not absolute. Nor does it include the right to maladminister. 
• Article 31(A):  This was added as part of the 42nd Constitutional Amendment.
  • It states that in case of any property acquired by the government of an educational institution then the government must give appropriate compensation.
• T.M.A. Pai Foundation v. State of Karnataka (2002): SC addressed the autonomy of minority educational institutions and their entitlement,
  • The Court held that while minority institutions possess the right to manage their affairs, including staff appointments, they are also bound by reasonable regulations mandated by the state.

Conclusion

• Cultural and educational rights emphasize the preservation of cultural identity and language, as well as the right of minorities to establish and administer educational institutions. 
• By safeguarding these rights, the Constitution promotes diversity, inclusivity, and the holistic development of all citizens. 
• While ensuring autonomy for minority institutions, it also recognizes the need for reasonable regulations to maintain educational standards and prevent maladministration. 
• Overall, these articles play a crucial role in fostering a harmonious and equitable society in India.