4. Initiatives of NCM in redressing educational problems of minorities
Five religious communities viz. Muslims, Christians, Sikhs, Buddhists and Parsis have been declared as minority communities by the Union Government notification dated 23.10.1993 issued by Ministry of Welfare. As per the functions of NCM laid down in Section 9 (1) of the NCM Act, 1992, the Commission has been looking into the educational problems of the five religious communities of the country. The educational problems being referred to the NCM from time to time by the organizations, educational institutions and associations of the religious minorities as well as the individuals have been mainly of following nature: -
(i) Non-recognition of educational institutions and denial of minority status to such institutions by the State Governments.
(i) Refusal to permit establishment of educational institutions by the religious minorities.
(ii) Denial of affiliation of minority education institutions to the Universities.
(iii) Refusal or delay in releasing grant-in-aid to minority educational institutions.
(iv) Unreasonable interference into the management of the minority educational institutions by the State Government.
(v) Refusal or delay in filling up of vacancies of teachers (particularly Urdu and Punjabi language teachers) in the schools run by the religious minorities.
(vi) Shortage of Urdu and Punjabi text books in the schools run by the Muslim and Sikh communities respectively.
4.2. Article 30 of the Constitution
Issue of minority status certificate to an educational institution is actually grant of recognition of minority status to the institution. This is done by a State Government under the relevant provision of its State Education Act or rules made thereunder. The legal basis of grant of recognition to an educational institution as a minority educational institution by a State Government flows from Article 30 of Constitution of India. Article 30 titled ‘Right of minorities to establish and administer educational institutions’ is reproduced below :-
Clause (1) of Article 30
‘All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice’.
Clause (1A) of Article 30
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.
Clause (2) of Article 30
‘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’.
2.1 Clause (1) of Article 30 confers two rights of the minorities viz; (a) the right to establish an institution and (b) the right to administer it.
4.3. 1998 Research Study of NCM on educational rights of minorities enshrined in Article 30 of the Constitution.
NCM in its meeting held on 6.5.1997 decided to set up a Committee to Study the socio-economic and educational problems of religious minorities. The Chairman of the Committee was Rev. Dr. James Massey, Member, NCM. In December, 1998, the first part of the Committee’s report on “Right of Minorities to Establish and Administer Educational Institutions”. This comprehensive report was released on 18th December, 1998 on the occasion of Minorities Rights Day.
4.4. Recent achievements of NCM in solving educational problems of minorities
The major achievements of NCM in solving the educational problems of religious minorities of the country are given below:-
(i) As a result of NCM intervention, Government of Rajasthan gave No Objection Certificate on 22.7.2002 to establishment of Khalsa Degree College at Anupgarh.
(ii) Darul Rehmat Trust was running an aided girls school at Kausa (Maharashtra). The school was later converted to a co-educational institution. The Government of Maharashtra stopped grant-in-aid to the Trust on the ground that the girls school was converted to a co-educational school. As a result of NCM intervention, the grant-in-aid from the State Government to the Trust was restored.
(iii) In the year 2000, Government of Madhya Pradesh had issued an order reducing grant-in-aid to private aided schools (including minority educational institutions) of the State and finally stopped the grant within five years. As a result of NCM intervention, the State Government took a decision on 15.3.2001 to exempt Subhania Anjuman Islamia School, Bilaspur from the order.
(iv) On 4.11.2001, NCM was able to facilitate grant of minority status to Guru Nanak Engineering College, Hyderabad by Government of Andhra Pradesh.
(v) During 2000-01, the Commission came to know that two private publishers namely, M/s. Nitu Publications, Delhi and M/s.Children Book Centre, Agra have brought out Hindi text books with imaginary pictures of Prophet Mohammad for Class IV students of Delhi and UP schools respectively. As a result of NCM intervention, Government of UP took police action on 11.7.2001 against M/s. Children Book Centre, Agra and Government of NCT of Delhi issued an order on 10.7.2002 forfeiting all the copies of books published by M/s. Nitu Publications.
(vi) On intervention of the Commission, the Government of Karnataka as well as Government of Gujarat declared Good Friday as a public holiday from the year 2004 onwards.
(vii) On account of NCM intervention, Government of Maharashtra allotted land on 4.8.2004 for construction of building of Dr. Zakir Hussain School, & Junior College, Pulgaon (Maharashtra) and gave permission on 10.8.2004 to Al-Falah Education Society (Khamgaon ) to open one Urdu Medium High School.
(viii) As a result of NCM intervention, Government of U.P. granted minority status to as many as 76 Higher Secondary schools on 9.6.2004. Government of U.P. has also given minority status to S.S. Willayat Hussain Degree College, Deoria on 5.7.2004 as a result of persistent efforts of NCM.
(ix) Before 2003, winter holidays in Kendriya Vidyalayas used to be during 22nd December – 2nd January. The duration was shifted to 5th January – 18th January from academic session 2003 onwards. NCM took up the matter with Kendriya Vidyalaya Sangathan as well as Ministry of HRD. On 27.10.2004, the Ministry of HRD issued a notification reverting the winter holidays in KVs to the earlier duration of 22nd December – 2nd January.
(x) ‘Nazul Land’ is the land which is given on lease by the municipal authorities to private persons for non-agricultural purposes. This type of land being barren, no agricultural activity is possible on it. The President of Dr. Zakir Hussain Urdu High School & Junior College, Phulgaon (Maharashtra) had complained to this Commission that since 1976, the institution had been applying to the district administration for allotment of ‘Nazul Land’ in order to construct a school building but their request was not being acceded to. Consequent on Commission’s intervention, the Maharashtra Government allotted two plots of land having a total area of 2250 sq. m. to the school in August, 2004.
(xi) On NCM recommendation, Ministry of Human Resource Development wrote to UGC advising it to issue a direction to the Universities to use their discretionary powers to allot one or two seats in colleges for deserving Parsi students from the academic year 2005-2006 onwards. The University of Mysore has already implemented this direction for the academic year 2006-07. The Mumbai University is awaiting confirmation from its Chancellor for implementation of the direction.
(xii) A number of Sikh scholars approached NCM with objections against portions of 8 textbooks of NCERT on Social Sciences including History. Some Jain scholars also invited attention of the Commission to some portions of a History textbook of NCERT on Ancient India for Class XI which according to them were hurting their religious sentiments. The objections raised by the Sikh and Jain scholars were forwarded to Director, NCERT on 19.8.2005 recommending necessary modifications in these textbooks, keeping in view the objections raised by the Sikh and Jain scholars and the improvements suggested by them. The Commission had also recommended to Director, NCERT that the objectionable portions be deleted from the NCERT textbooks at the earliest. This matter was discussed with Director, NCERT and his team of officers on 17.11.2005 and 30.1.2006 in the Commission. The Commission was informed that 3 of the textbooks against which the Sikh scholars raised objections were withdrawn from academic session 2005-2006 and one textbook from academic session 2006-07. As regards the remaining 4 textbooks objected to by the Sikh scholars, the modifications recommended by NCM were carried out. With reference to the book on Ancient India for Class XI which was objected to by Jain scholars, NCERT issued a circular on 11.12.2005 to CBSE, Kendriya Vidyalayas, Navodaya Vidyalayas and the States/U.Ts deleting the objectionable portions and replacing them with appropriate text.
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