write the short note on educational rights

Cultural and Educational Rights

Table of Contents

What are cultural and educational rights?

Cultural and educational rights are part of the fundamental rights guaranteed by the Indian constitution to all citizens. They are provided under Article 29 and Article 30 of the constitution . These articles protect the linguistic, cultural, and religious rights of minorities and attempt to preserve the culture and heritage of all communities. The Indian constitution prohibits states from discriminating against any citizen in the fulfilment of these rights.

Article 29 states that any section of citizens having a distinct culture, language or script shall have the right to conserve it; that no citizen shall be denied admission into any educational institution maintained by the state or receiving state aid on grounds only of religion, race, caste, language or any of them.

Article 30 states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice; that the state shall not discriminate against any minority institution in granting aid.

Why do cultural and educational rights matter?

Cultural and educational rights matter because they are essential for human dignity, identity, creativity, and development. They enable people to preserve their heritage, express their values, beliefs, and aspirations, and contribute to social progress and innovation. They also foster mutual understanding, tolerance, and respect among different groups and individuals.

Cultural and educational rights are especially important for minorities, indigenous peoples, women, children, persons with disabilities, refugees, migrants, and other vulnerable or marginalized groups. These groups often face discrimination, exclusion, or violence because of their cultural or linguistic identity or their educational status. Cultural and educational rights empower them to claim their equal rights and opportunities in society.

How are cultural and educational rights implemented in different cases?

Cultural and educational rights are implemented in different cases through various laws, policies, programs, institutions, and mechanisms. Some examples are:

The Constitution of India

The Constitution of India guarantees cultural and educational rights for all citizens under Articles 29 and 30. These articles provide that any section of citizens having a distinct culture, language or script shall have the right to conserve it; that no citizen shall be denied admission into any educational institution maintained by the state or receiving state aid on grounds only of religion, race, caste, language or any of them; that all minorities shall have the right to establish and administer educational institutions of their choice; that the state shall not discriminate against any minority institution in granting aid.

The Supreme Court of India

The Supreme Court of India has interpreted and applied these articles in various landmark cases . Some of the key principles established by these cases are:

• The term “ minority ” is not defined by the constitution but is determined by reference to the demographic composition of each state or union territory.
• The right to conserve one’s culture includes the right to practice one’s religion as well as to use one’s language in matters of communication, education, administration, etc.
• The right to establish and administer educational institutions includes the right to choose the medium of instruction, the curriculum, the admission policy, the fee structure, the discipline, the staff selection, etc .
• The state can regulate minority-run educational institutions in the interest of academic standards, public order, morality, health, etc .
• The state can also impose reasonable restrictions on admissions, fees, reservations, etc., in aided minority institutions to ensure social justice and national integration .
• The right to establish and administer educational institutions is not exclusive to minorities but is also available to non-minorities under Article 19 (1) (g) of the constitution.

The Government of India

The Government of India has enacted various laws and policies to promote and protect cultural and educational rights. Some examples are:

• The National Commission for Minority Educational Institutions Act, 2004 , which establishes a statutory body to safeguard the educational rights of minorities.
• The National Education Policy, 2020 , which aims to ensure universal access, quality, equity, inclusion, and innovation in education.
• The National Curriculum Framework, 2005 , which provides guidelines for developing curricula that respect diversity, pluralism, and constitutional values.
• The Three Language Formula , which recommends that students learn three languages at school: Hindi, English, and a modern Indian language (preferably one of the southern languages).
• The Scheme for Providing Quality Education in Madrasas (SPQEM) , which supports the modernization of madrasas by providing financial assistance for teaching science, mathematics, social studies, etc.
• The Scheme for Infrastructure Development of Minority Institutions (IDMI) , which provides financial assistance for the development of physical infrastructure of minority educational institutions.

Cultural and educational rights are vital for the preservation and promotion of the rich and diverse culture of India. They are also crucial for the empowerment and development of all sections of society, especially minorities and marginalized groups. The Indian constitution, the Supreme Court, and the Government have taken various steps to ensure that these rights are respected and protected. However, there are still many challenges and issues that need to be addressed, such as communal violence, linguistic conflicts, educational disparities, etc. Therefore, it is important for all citizens to be aware of their cultural and educational rights and to uphold them in a spirit of harmony and cooperation.

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Understanding education as a right, 116328scr_india_pupils.jpg.

Education is not a privilege. It is a human right.

Education as a human right means:

• the right to education is legally guaranteed for all without any discrimination
• states have the obligation to protect, respect, and fulfil the right to education
• there are ways to hold states accountable for violations or deprivations of the right to education

Human rights are inherent to all human beings, regardless of nationality, sex, national or ethnic origin, colour, religion, language, or any other status. They cannot be given or taken away.

Human rights are the foundation for freedom, justice and peace in the world.

They are formally and universally recognised by all countries in the  Universal Declaration on Human Rights  (1948, UDHR). Since the adoption of the UDHR, many treaties have been adopted by states to reaffirm and guarantee these rights legally.

International human rights law sets out the obligations of states to respect, protect, and fulfil human rights for all. These obligations impose specific duties upon states, regardless of their political, economic, and cultural systems.

All human rights are universal, indivisible, interdependent, and interrelated ( Vienna Declaration and Programme of Action , 1993, para. 5).

Equality and non-discrimination are foundational and cross-cutting principles in international human rights law. This means that all human rights apply to everyone.

International human rights law guarantees the right to education. The  Universal Declaration on Human Rights , adopted in 1948, proclaims in Article 26: 'everyone has the right to education'.

Since then, the right to education has been widely recognised and developed by a number of international normative instruments elaborated by the United Nations, including the  International Covenant on Economic, Social and Cultural Rights (1966, CESCR), the Convention on the Rights of the Child (1989, CRC), and the  UNESCO Convention against Discrimination in Education  (1960, CADE).

The right to education has also been reaffirmed in other treaties covering specific groups ( women and girls , persons with disabilities , migrants, refugees , Indigenous Peoples , etc.) and contexts ( education during armed conflicts ). It has also been incorporated into various regional treaties and enshrined as a right in the vast majority of national constitutions.

See our pages on international law and national implementation  for more information.

Both individuals and society benefit from the right to education. It is fundamental for human, social, and economic development and a key element to achieving lasting peace and sustainable development. It is a powerful tool in developing the full potential of everyone and ensuring human dignity, and in promoting individual and collective wellbeing.

• it is an empowerment right
• it lifts marginalised groups out of poverty
• it is an indispensable means of realising other rights
• it contributes to the full development of the human personality

For more details, see the Committee on Economic, Social and Cultural Rights'  General Comment 13 on the right to education  (1999, para. 1).

The right to education encompasses both entitlements and freedoms, including the:

right to free and compulsory primary education

right to available and accessible secondary education (including technical and vocational education and training), made progressively free

right to equal access to higher education on the basis of capacity made progressively free

right to fundamental education for those who have not received or completed primary education

right to quality education both in public and private schools

freedom of parents to choose schools for their children which are in conformity with their religious and moral convictions

freedom of individuals and bodies to establish and direct education institutions in conformity with minimum standards established by the state

academic freedom of teachers and students

The 4As were developed by the first UN Special Rapporteur on the right to education, Katarina Tomaševski, and adopted by the Committee on Economic, Social and Cultural Rights in its General Comment 13 on the right to education  (1999, para.6). To be a meaningful right, education in all its forms and at all levels shall exhibit these interrelated and essential features:

Available – Education is free and there is adequate infrastructure and trained teachers able to support the delivery of education.

Accessible – The education system is non-discriminatory and accessible to all, and positive steps are taken to include the most marginalised.

Acceptable – The content of education is relevant, non-discriminatory and culturally appropriate, and of quality; schools are safe and teachers are professional.

Adaptable – Education evolves with the changing needs of society and challenges inequalities, such as gender discrimination; education adapts to suit locally specific needs and contexts.

For more details see:

• Primer 3  Human rights obligations: making education available, accessible, acceptable and adaptable (RTE, Katarina Tomaševski, 2001)

When a state has ratified a treaty that guarantees the right to education, it has obligations to respect, protect, and fulfil this right. Some obligations are immediate. Others are progressive.

Obligations to respect, protect, and fulfil:

• respect: refrain from interfering with the enjoyment of the right (e.g., the state must respect the liberty of parents to choose schools for their children)
• protect: prevent others from interfering with the enjoyment of the right usually through regulation and legal guarantees (e.g., the state must ensure that third parties, including parents, do not prevent girls from going to school)
• fulfil: adopt appropriate measures towards the full realisation of the right to education (e.g., the state must take positive measures to ensure that education is culturally appropriate for minorities and indigenous peoples, and of good quality for all)

Immediate and progressive obligations:

As with other economic, social and cultural rights, the full realisation of the right to education can be hampered by a lack of resources and can be achieved only over a period of time, particularly for countries with fewer resources. This is the reason why some state obligations are progressive, for instance, the introduction of free secondary and higher education.

However, no matter how limited resources are, all states have immediate obligations to implement the following aspects of right to education:

• ensure minimum core obligations to meet the essential levels of the right to education, which includes prohibiting discrimination in access to and in education, ensuring free and compulsory primary education for all, respecting the liberty of parents to choose schools for their children other than those established by public authorities, protecting the liberty of individuals and bodies to establish and direct educational institutions
• take appropriate steps towards the full realisation of the right to education to the maximum of its available resources. A lack of resources cannot justify inaction or indefinite postponement of measures to implement the right to education. States must demonstrate they are making every effort to improve the enjoyment of the right to education, even when resources are scarce
• not take retrogressive measures. This means that the state should not take backwards steps or adopt measures that will repeal existing guarantees of the right to education. For instance, introducing school fees in secondary education when it had formerly been free of charge would constitute a retrogressive measure

States have the primary duty to ensure the right to education. However, other actors play a key role in promoting and protecting this fundamental right.

According to international law, other actors have responsibilities in upholding the right to education:

• the role of multilateral intergovernmental agencies, such as UNESCO, OHCHR, UNICEF, is of particular importance in relation to the realisation of the right to education in providing technical and financial assistance
• international financial institutions should play greater attention to the protection of the right to education in their policies, credit agreements, structural adjustment programmes and measures taken in response to the debt crisis
• private businesses also have the responsibility to respect human rights and avoid infringing on the rights of others. For more information, see UN Guiding Principles on Business and Human Rights , Committee on Economic, Social and Cultural Rights' General Comment 24 , Committee on the Rights of the Child's  General Comment 16 , and our page on Privatisation
• civil society plays a crucial role in promoting the right to education and holding the state accountable for its obligations
• parents have the responsibility to ensure that their children attend compulsory education. They cannot deny their children access to education

Violations of the right to education may occur through direct action of States parties (act of commission) or through their failure to take steps required by law (act of omission). Concrete examples are given in paragraph 59 of General Comment 13 .

Whilst the vast majority of countries have ratified international treaties that recognise the full right to education, it is still denied to millions around the world due to lack of resources, capacity, and political will. There are still countries that have not integrated the right to education into their national constitution or provided the legislative and administrative frameworks to ensure that the right to education is realised in practice. Most of the children and adults who do not fully enjoy the right to education belong to the most deprived and marginalised groups of society which are often left behind in national policies.

• raise awareness on the right to education. If individuals knows their rights they are empowered to claim them
• monitor the implementation of the right to education and report regularly on deprivations and violations
• advocate and campaign for the full implementation of the right to education, holding the state accountable
• seek remedies when there are violations of the right to education

See our page on Using rights in practice  for more details on what you can do.

5 Must-Read Essays on the Right to Education

When the United Nations adopted the Universal Declaration on Human Rights, Article 26 asserted that all people have the right to education. That right appears in other documents such as the Convention on the Rights of the Child (1989) and in treaties about women and girls, refugees, migrants, and others. Many constitutions around the world also list education as a right. However, the right to education isn’t always upheld. To understand more about education as a human right, and where and why it’s often not a reality, here are five must-read essays:

“ Girls Can Change The World – But We Have To Invest In Them First ” – Malala Yousafzai

Writing for Time Magazine in 2018, Malala Yousafzai’s essay details the importance of educating girls. It’s short, but like all of Malala’s writing, it’s impactful. She opens with the sobering statistic that 130 million girls are not in school. Despite promises at the United Nations to guarantee that every girl will get 12 years of education by 2030, donor countries either halted or decreased their giving for education. Malala expresses her discouragement, but remains hopeful, drawing attention to the Malala Fund and impact of local activists and educators.

The youngest Nobel Prize laureate, Malala is a Pakistani human rights activist, with a special focus on female education. In 2012, the Taliban attempted to assassinate her since she was already a well-known activist, but she survived. The attack and recovery made her a household name, and she won the Nobel Prize two years later. She is a writer and current student at Oxford University.

“ Is Education a Fundamental Right? ” – Jill Lepore

A relatively-unknown Supreme Court Case from 1982, Plyler v. Doe addressed questions about education, immigration, and if schooling is a human right. In her essay, Jill Lepore writes that this case could become much better known as various lawsuits filed on behalf of immigrant children enter the court system. These are the children who are separated from their parents at the border and deprived of education.  Using Plyler v. Doe as a guide along with the other cases both past and present, Lepore explores the issue of education as a fundamental right in the United States.

This essay appeared in the print edition of The New Yorker in September 2018 under the headline “Back to the Blackboard.” Jill Lepore is a professor of history at Harvard University and a staff writer for the New Yorker. Publications include the book These Truths: A History of the United States and This America: The Case for the Nation.

“ How to Improve Access to Education Around the World ” – Jan Lee

In this piece on the Triple Pundit platform, Lee takes a look at how Pearson, an education publishing and assessment service company based in the UK, is making an impact on education access around the world. In the United States, Pearson works on finding solutions for the social and economic problems that lead to low high-school graduation rates. Pearson also invests in low-cost private education around the world. The essay highlights how access to education can be improved through new educational technology for students with disabilities and outreach to underserved communities. Since this article was sponsored by Pearson, it doesn’t look at what other companies or organizations are doing, but it provides a good model for the kinds of actions that can help.

Jan Lee is an award-winning editorial writer and former news editor, whose work can be found Triple Pundit, JustMeans, and her blog The Multicultural Jew. On Triple Pundit, she’s written stories on a variety of topics, such as Leadership & Transparency, Data & Technology, and Energy & Environment.

“ Higher Education Is A Human Right ” – Heidi Gilchrist

It’s established that primary education is a human right, but what about higher education? In her essay, Heidi Gilchrist argues that it is. Looking specifically at the United States, her reason is that in order to access the American dream- which she calls the “ideal it [the country] was founded on” – people need higher education. As global society starts to depend more on technology and other complex systems, more and more jobs will require advanced degrees. In order to truly succeed and achieve their dreams, people will need higher education. Gilchrist offers another perspective on the issue, as well, writing that countries need people with advanced degrees to protect national security. Having higher education remain a luxury means only the wealthy can access it, and that harms a society in every regard.

Heidi Gilchrist is a Lecturer-in-Law at Columbia Law School and an Assistant Professor of Legal Writing at Brooklyn Law. In her previous career, she served as a national security analyst in the federal government, and as a laison to the FBI’s Joint Terrorism Task Force in New York City. She writes on national security and how it converges with human rights law and civil rights.

“ Public schools for private gain: The declining American commitment to serving the public good ” – David F. Larabee

In an essay that is both a history lesson and critical look at the pursuit of education as a “private benefit,” Larabee argues that this new view of schooling is dangerous. While in the past, school had been seen as a community where students of all backgrounds and finances mingle and receive opportunities, it’s morphing into just another capitalist arena. Wealthy parents are choosing private schools and focusing their resources there, while public schools and students struggle. School is becoming “a means of private advancement,” Larabee says, instead of a source of public good. This has serious long-term consequences.

David Larabee is a Lee L. Jacks Professor of Education, emeritus, at the Standard University Graduate School of Education. He describes himself as a “sociologically oriented historian of education.” He is also an author, most recently of 2017’s A Perfect Mess: The Unlikely Ascendancy of American Higher Education.

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• Fundamental Rights – Cultural and Educational Rights

A constitution is not merely about the composition of the various organs of government and the relations among them. The constitution is a document which sets limits on the powers of the government. It also makes sure that a democratic system exists in which all persons enjoy certain rights i.e. Fundamental rights. Without these fundamental rights, there would be no development of an individual in an intellectual and spiritual sphere.  Among the fundamental rights, cultural rights and the right to education become very important. Let us discuss these in detail.

Cultural and educational rights provide the rights to all section of society and it saves their culture script or language. The image of Indian society comes in our minds as a society full of diversity. In such a society with vast diversity, our Constitution believes that diversity is our strength.

Thus one of the fundamental rights is the right of the minorities to save their culture. Minorities are groups which have common language or religion and live in a particular part of the country. These communities have a culture, language and a script of their own, and have the right to preserve and develop these.

All minorities, religious or linguistic, can establish their own educational institutions also. In this way, they can preserve and develop their own culture. As we know democracy is the rule of the majority of people. But on the other hand, minorities are also important for its successful working.

Thus, the protection of language, culture, and religion of minorities becomes important. There is a need for this so that minorities may not feel neglected or undermined under the rule of the majority. Though people take pride in their own culture and language, a special right that is Cultural and Educational Right is available in our constitution.

Browse more Topics under Indian Constitution

• Constitution of India: Historical Background
• Features of the Indian Constitution
• Union and Its Territory (Article 1 – 4)
• Citizenship (Article 5-11)
• Fundamental Rights – Right to Equality
• Fundamental Rights – Right to Freedom
• Fundamental Rights – Right against Exploitation (Very Short Article)
• Fundamental Rights – Right to Freedom of Religion
• Fundamental Rights – Saving of Certain Laws
• Fundamental Rights – Right to Constitutional Remedies
• Directive Principles of State Policy
• Emergency Provision and Special Provisions of the Indian Constitution
• Indian Parliament – Structure of Indian Parliament
• Indian Parliament – Functions of Indian Parliament

Article 29-30

Under these Articles, two major provisions are there:

• Protection of interests of minorities:   Any minority community having a distinct language, script or culture of its own shall have the right to preserve the same. The minority people can take admission into any educational institution maintained by the government or receiving funds from government, on grounds only of religion, race, caste, language or any of them.
• Right of minorities to set up and administer educational institutions:   All Minorities, whether based on religion or language, have the right to establish and administer educational institutions of their own choice. The government, while granting funds to educational institutions, will not differentiate against any educational institution on the basis that it comes under the management of a minority community.

                                                                                                                                       Source: pixabay.com

Right to Education (RTE)

The Right to Education comes under a new Article 21A under Fundamental Rights in 2002 by the 86th Constitutional Amendment. It was a long-standing need so that all children in the age group of 6-14 years can claim compulsory and free education as a Fundamental Right.

It is a very important step for making the country free of illiteracy. But this addition remained meaningless because it could not be enforced until 2009 when the Parliament passed the Right to Education Act, 2009.

This Act aims at ensuring that each child who is between 6-14 years age group and is out of the school in India, must go to school. It is his or her right to receive a quality education.

This Act makes education a fundamental right of every child between the age group of 6-14. The act thus specifies minimum norms in elementary schools.

It demands that all schools reserve 25% of seats for deprived children. The government later reimburses the amount. It restricts all schools which are not recognized, from practice and it makes provisions for no donation or capitation fees and no interview of the child or parents for the admission. This Act also restricts that no child will be held back, expelled, or required to pass a board examination until the completion of elementary education.

Solved Questions on Right to Education

What are the main provisions of the RTE Act?

Main provisions are as follows:

• RTE Act restricts physical punishment and mental harassment;
• Discrimination based on gender, caste, class, and religion;
• Screening procedures for admission of children;
• Capitation fee; private tuition by teachers and running of schools without recognition.

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• Constitutional Law

Cultural And Educational Rights (Article 29-30): Constitutional Law Notes

Cultural And Educational Rights : India, being a diverse country with a myriad of ethnic backgrounds, religious influence and varied sub- cultures, also have minority groups. Articles 29 to 30 of the Indian Constitution effectively aim to eradicate this problem by making a provision in the article known as ‘Right to Cultural and Educational rights of Minority groups’.

The Cultural and Educational rights are measures to protect the rights of cultural, linguistic and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination.

Article 29 grants any section of citizens having a distinct language, script culture of its own the right to conserve and develop the same, and thus safeguards the rights of minorities by preventing the State from imposing any external culture on them. It also prohibits discrimination against any citizen for admission into any educational institutions maintained or aided by the State, on the grounds only of religion, race, caste, language or any of them.

To know more about Right to Equality visit here

However, this is subject to reservation of a reasonable number of seats by the State for socially and educationally backward classes, as well as reservation of up to 50 percent of seats in any educational institution run by a minority community for citizens belonging to that community. Article 30 confers upon all religious and linguistic minorities the right to set up and administer educational institutions of their choice in order to preserve and develop their own culture, and prohibits the State, while granting aid, from discriminating against any institution on the basis of the fact that it is administered by a religious or cultural minority.

The term “minority” , while not defined in the Constitution, has been interpreted by the Supreme Court to mean any community which numerically forms less than 50% of the population of the state in which it seeks to avail the right under Article 30. In order to claim the right, it is essential that the educational institution must have been established as well as administered by a religious or linguistic minority. Further, the right under Article 30 can be availed of even if the educational institution established does not confine itself to the teaching of the religion or language of the minority concerned, or a majority of students in that institution do not belong to such minority. This right is subject to the power of the State to impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, and the utilisation of any aid granted by it.

RIGHT TO PROTECTION OF INTERESTS (ARTICLE 29)

The constitution of India ensures equal to all the citizens of India liberty pertaining to conserving their culture, language and script under Article 29 (1).

This provision simply states that the citizens have the right to preserve their language, heritage and backgrounds and cannot be stifled by major language groups.

The second right under Article 29 (2) , says that ‘no minority groups will be denied admission into any educational system or institution of their choice, and will also not be deprived of any funds from the state purely based on religion, caste or language’.

In this case, no minority or majority can be denied admission into any state or private institution on the basis of social factors such as language and religion. The institutions have the responsibility of accepting students on the basis of merit and talent, and not on the basis of language, class and religion. The institutions also have to make sure that the cultural diversity of the country is well-maintained in the form of multifarious languages and various religious groups.

Although there appears to be overlapping of provisions in respect to Article 15 (1) and 29 (2), Article 15 (1) is a more general provision stating that there shall be no discrimination on the basis of sex, caste and religion. Article 29, however, is more specific pertaining to a particular species of the system in the form of gaining admission into educational systems and getting benefits from state funds like all other citizens.

RIGHT TO ESTABLISH EDUCATIONAL INSTITUTIONS (ARTICLE 30)

Article 30 of the Indian Constitution states that religious and language minorities will have the right to administer and start their own educational institutions. However, no minority, other than the ones suggested in the article will have the right to establish any institution.

Article 30 (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.

The second provision, under Article 30 (2) states that, the government will not deny these institutions any state funds or aid on the basis that it is run and managed by minority groups.

PROTECTION OF MINORITY GROUPS

The government has come with varied laws to help protect the rights of the minorities. The Protection of Civil Rights Act 1989 and the Prevention of Atrocities Act of 1989 are two such acts established by the government. The National Commission for Minority Educational Institutions, 1992 was set up to look into any grievances lodged by the minorities or any violation of rights. The commission was also set up to advice the state or central government on any matter relating to the protection of educational minority groups by providing reports and suggestions.

LANDMARK JUDGMENTS ON RIGHT TO ESTABLISH AND ADMINISTER

• S.P. Mittal v. UoI (1983) Validity of Auroville (Emergency Provisions) Act, 1980 was challenged on the ground of being violative of Art. 29 and 30. Facts: The society was established to preach and propagate the ideals and teaching of Sri Aurobindo. On receiving complaints about mismanagement of the affairs of the society, the Central Government enacted the Auroville (Emergency Provisions) Act, 1980 for taking over the management of the society. It was held that the Act was not violative of Art. 30. Since the said Society was not a religious denomination, the taking over of the management by the State did not violate Articles 29 and 30 of the Constitution.
• State of Madras v. Champakam Dorairajan (1951) An order of Madras Govt. which fixed the proportion of students of each community that could be admitted into the State Medical and Engineering Colleges. The order was challenged on the ground that it denied admission to a person only on the ground of religion or caste. The petitioners in this case were denied admission only because they were Brahmins. The SC held the order invalid for being violative of Art. 29(2)
• State of Bombay v. Bombay Educational Society (1954) The SC struck down an order of the Bombay Govt. banning admission of those whose language was not English into schools having English as medium of instruction because it denied admission solely on the ground of language.
• St. Xaviers College v. State of Gujarat (1974) The petitioners, a Jesuit Society of Ahmedabad, were running St. Xaviers College of Arts and Commerce in Ahmedabad, which was affiliated to Gujarat University, with the object of giving higher education to the Christian students. The said petitioners challenged certain provisions of the Gujarat University Act, 1949 as being violative of Art. 30. The Court held that the said provisions violated the rights provided by Art.30 and thus does not apply upon the minority institutions.

RIGHT OF A RECOGNITION OR AFFILIATION – NOT A FUNDAMENTAL RIGHT

Affiliation and recognition are matters of policy and the institution seeking recognition or an affiliation has to comply with the basic norms and requirements for claiming the same. In TMA Pai Foundation Judgment , the Supreme Court has laid down that the right to establish educational institutions of their choice is available not only to the minorities but to all the citizens of the India. One of the fundamental rights in Article 19(1)(g) of the Constitution i.e. “to practice any profession, or to carry on any occupations, trade or business” – has been interpreted by the Supreme Court to include right to establish educational institutions, which is a right guaranteed to all the citizens.

What are the actual rights of the minorities? Minorities can not only establish educational institutions of their choice but also administer them. Supreme Court has further laid down that the right to establish and administer broadly comprises of right to-

• admit students;
• set up a reasonable fee structure;
• constitute a governing body i.e. Management;
• appoint staff (teaching and non-teaching); and
• take action if there is dereliction of duty on the part of any employees.

Status of Non-minority Institutions- Non-minority (i.e. the Majority) educational institutions are governed by the policies and regulations of the state government or the Central Government in matters of admission, appointment of staff, fixing the fee structure and constitution of governing body, where as the minority institutions are not. Except the right to establish and administer educational institutions of their choice, there is no other right that minorities enjoy under the Constitution of India.

• Constitutional Law of India by  Dr. J.N. Pandey
• M P Jain Indian Constitutional Law
• Constitution of India by V. N. Shukla

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Write a short note on Cultural and Educational Rights.

The Constitution of India has given written guarantees of the rights of the minorities. In order to protect the interests of the minorities, who otherwise will be neglected on the basis of the language, religion and culture, certain written guarantees are given for the minorities.

a. Any section of citizens with a distinct language or culture have a right to conserve it.

b. Admission to any educational institution maintained by government or receiving government aid cannot be denied to any citizen on religion or linguistic differences.

c. All the minorities have the right to establish and administer educational institutions of their choice.

These cultural and educational rights are granted to protect only with the view to secure the minorities and not to seclude them from the society.

State obligations and responsibilities on the right to education

International human rights law lays down obligations which states are bound to respect.  

By ratifying international human rights treaties, states assume obligations and duties under international law to respect, protect and fulfil human rights. 

Principal responsibility of states 

States are the duty-bearers under international human rights law and hold the principal responsibility for the direct provision of the right to education, although there are exceptions for specific contexts. 

Through ratification of international human rights treaties, governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. 

All countries in the world have ratified at least one treaty , covering certain aspects of the right to education which means all of them are expected to implement that right.  

Content of states’ obligations concerning the right to education 

Like all human rights, the right to education imposes levels of obligation on states: to respect, protect and fulfil the right to education.  

• The obligation to  respect  requires states to avoid measures that hinder or prevent the enjoyment of the right to education. 
• The obligation to  protect  requires states to take measures that prevent third parties from interfering with the enjoyment of the right to education. 
• The obligation to  fulfil  means that states must take positive measures that enable and assist individuals and communities to enjoy the right to education. 

The obligations related to each of the 'essential features' of the right to education are categorised under four areas: availability, accessibility, acceptability, adaptability.

Main components of the right to education

States are also bound by the principles of non-retrogression (they should not take deliberate backward steps by adopting measures that will repeal or restrict existing guarantees of the right to education) and by allocating the maximum of their available resources. 

For more information see the Right to education handbook . 

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Write a short note on fundamental rights and protection of freedom.

Fundamental rights are the basic human rights enshrined in the constitution of india which are guaranteed to all citizens. they are applied without discrimination on the basis of race, religion, gender, etc. significantly, fundamental rights are enforceable by the courts, subject to certain conditions. there are six fundamental rights of indian constitution along with the constitutional articles related to them are mentioned below: 1. right to equality 2. right to freedom 3. right against exploitation 4. right to freedom of religion 5. cultural and educational rights 6. right to constitutional remedies a condition in which an individual has the right to speak, act and pursue his own happiness without any unwanted restrictions is known as freedom. this leads to an increase in productivity, a high quality of life and harmony in society. a country must consider the rights of its citizens and protect these rights so that every citizen lead their life freely without getting exploited. therefore, protection of freedom is essential to maintain peace..

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