Cultural and educational right.

This presentation talks about the Cultural and Educational Rights in India in brief.

1. Cultural & Educational Rights Ambuj Tiwari

2. FUNDAMENTAL RIGHTS Right to equality : Article 14 to Article 18 Right to freedom : Article 19 to 22 of constitution. Right against exploitation : Articles 23 and 24 Right to freedom of religion : Article 25 to 28 Cultural and Educational rights : Article 29 and Article 30. Right to constitutional remedies : Article 32 to 35

3. WHY CULTURAL & EDUCATIONAL RIGHTS HAVE BEEN GUARANTEED UNDER THE FUNDAMENTAL RIGHTS????

4. MINORITY Constitution of India Motilal Nehru Report Sapru Report U.N. Sub-Commission on Discrimination and Protection of Minorities Supreme Court in Re Education Bill

5. ARTICLE 29 Protection of interests of minorities (1) Any section of the 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 conserve the same ( 2)  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, language or any of them

6. RELATION BETWEEN Article 29(2), Article 15(1) and Article 15(4)

7. ARTICLE 15(1)- The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. ARTICLE 15(4)- Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

8. ARTICLE 30 Right of minorities to establish and administer educational institutions (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice (1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause ( 1 ), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause ( 2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language

9. CRITICISM RECEIVED BY ARTICLE 30 Problem faced by majority community Undue advantages are taken by the minority More than necessary rights are given to the minority

10. PROTECTION OF MINORITY GROUPS The Protection of Civil Rights Act, 1989 The Prevention of Atrocities Act, 1989 The National Commision for Minority Educational Institutions,1992

11. PURPOSE OF GRANTING CULTURAL AND EDUCATIONAL RIGHT Maintain the secular spirit of the Constitution Development of the country Equality Protect the interests of the minority Strengthen the integrity of the Country

12. CASES Kerala Education Bill Kesavananda Bharati v. State of Kerala( (1973) 4 SCC 225) S P Mittal v. Union of India( AIR 1983 SC 1) Azeez Basha v. Union of India (AIR 1968 SC 662) State of Kerala v. Mother Provincial ( AIR 1970 SC 2079)

13. St. Xavier’s College v. State of Gujarat (AIR 1974 SC 1389) State of Bombay v. Bombay Education Society ( AIR 1954 SC 561) Re Kerala Education Bill ( AIR 1958 SC 979) T.M.A. Pai Foundation v. State of Karnataka (AIR 2003 SC 355 ) Islamic Academy of Education and Ors v. State of Karnataka and Ors ( 2003 AIR SCW 4240)

14. P. A. Inamdar v. State of Maharashtra( (2005) 6 SCC 537) Pramati Educational and Cultural Trust and Ors v. Union of India and Ors ( AIR 2014 SC 2114) Society for Unaided Private Schools of Rajasthan and Anr v . Union of India (( 2012) 6 SCC 102)

15. THANK YOU !