The Hindu : Issues for Bench

Online edition of India's National Newspaper
Saturday, Apr 13, 2002

Opinion

Opinion - Letters to the Editor

Issues for Bench

Sir, — It is interesting that the issues re-framed by the 11-member constitution bench of the Supreme Court currently dealing with minority educational rights also include the question "whether the non-minorities have the right to establish and administer educational institutions ...'' (April 12).

Although the sub-title of Article 29 reads as `Protection of interests of minorities', the Supreme Court had long ago interpreted that the rights guaranteed by it _ the right to preserve the language, script or culture and the right not to be discriminated against in the matter of admission into any educational institution maintained or aided by the State _ are applicable to every citizen.

Hindu organisations like the Ramakrishna Mission and the Arya Samaj had pleaded before the courts that they are separate from the Hindu fold and that they are distinct minority groups. Obviously their intention was to get the benefit of rights under Article 30, which are available to minorities.

Though the apex court rejected it, there is no just ground or reason why it should be denied the right to establish and administer educational institutions. The problem of discrimination against majority institutions can be solved by replacing the term `minority' in Article 30 with the expression `any section of the citizens'.

Avuthu Srihari,
Secunderabad

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