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Amending Article 30: Correcting a historical wrong

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Sanat Bhardwaj
Sanat Bhardwaj
Believer and follower of Sanatan. I have firm faith one day Sanatan will show the world the path of peace prosperity and moral value. World could be better and more beautiful if and only if Sanatan Values are followed. I am Sanat Bhardwaj 48 years old freelancer and public speaker on Business and Finance.

Debating, improvising the constitutional provisions and amending the inadequacies have been the essence of our constitution. And credit must go to our vibrant social society who had been continuously on forefront to raise any direct or deemed impropriety.

Article 30 of Constitution is one such area which is incomplete as well as practically undefined within the essence of constitutional propriety.

ARTICLE 30:  It says,

Right of minorities to establish and administer educational institutions in the country.

(1) All minorities (religion or language) shall have the right to administer and establish educational institutions of their choice in the country.

(1A) while making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, the State shall ensure that the amount fixed for the acquisition of such property under such law would not restrict or abrogate the right guaranteed to them.

(2) The State shall not discriminate against any educational institution managed by a minority in granting aid.

Who is Minority in India? The term ‘minority’ was neither clarified in the Indian constitution not has been critically examined in last 70 years. It is much later through a Gazette of India of 27 January 2014, people of Muslim, Sikh, Christian, Buddhist, Parsi, and Jainism have got minority community status in India.

To be honest, any one pursuing the constitution, should have immediately challenged this publication. The entire exercise lacked any scientific study and was in conflict with the principles enshrined in constitution. How can 14% of population of Muslim be equated with less than 2% of Sikh, Jain and Buddhist?

How come Muslim and Christian majority state Like J&K, Meghalaya, Mizoram and Nagaland be guarded under article 30 whereas the actual minority population of Hindu and Buddhist be left unguarded.

In light of Article 14 which guarantee: Right to Equality, this Gazette notification about definition of minority is in complete contradiction to the spirit and words of article 14 itself.

Violation and Gross Misuse of Article 30: Muslim Madrasa and Christian convent have mushroomed in last two decades taking advantage of article 30 and further have been granted substantial aid and assistance under article 30(2).

But question is: – Could these Madrasa and Convent be able to mainstream the student undergoing education there? Does Government have any control on the curriculum and content of book under Study? And most important, can Government control the appointment and superintendent quality of the appointment? Does there exist any regulation?

The answer is pathetic, worrisome. Some small steps to regularize and control these institution have been taken by few government like UP, WB and Assam and the same had been found to be extremely inadequate. The student who would spent nearly decades of formative age at these institution and away from overall integration would be a challenge for tomorrow`s mainstreamed world.

On top of that, the biggest injustice had been heaped upon the Hindu society, as they have been denied any Government support and assistance to run and promote their own cultural and civilizational values. Today Gurukul does not exist. The knowledge of Vedic literature and Sanskrit language is esoteric. While west is learning Ved and Bhagwat Puran Indians are watching them on “you tube”.

It is understandable that the vote bank policy of successive government has eroded the essence and spirit of Article 30 of Indian constitution. The constitution had no disrespect for any language religion and race. Yet our executive order and prejudice had played havoc with the constitutional propriety.

Today a country of 80% of Hindu population have no authority to demand their cultural and civilizational upbringing from Government and that is only due to Article 30.

So, it is time to say either abrogate the article 30 or expand the scope of this article 30 to include all religion all race and all language. Why should and how long Hindu should be denied the right they deserve?

An effective mechanism be introduced to mainstream the education. And belief should be left to be only a private Affair.

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Sanat Bhardwaj
Sanat Bhardwaj
Believer and follower of Sanatan. I have firm faith one day Sanatan will show the world the path of peace prosperity and moral value. World could be better and more beautiful if and only if Sanatan Values are followed. I am Sanat Bhardwaj 48 years old freelancer and public speaker on Business and Finance.
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