A Province of Society of Jesus in South Asia Assistancy
Letter to be sent to Kapil Sibbal HRD Minister GOI
Posted on: 4 Jun, 2019|Modified on: 1 Dec, 2014
25 November 2009
The Hon’ble Shri. Kapil Sibal,
Minister of Human Resource Development,
Room No. 313, C-Wing
New Delhi 110001
Subject: Request to amend Section 21&22 of the Right of Children to Free and Compulsory
Education Bill 2009 to protect the right of the Minorities to establish and administer
Educational institutions of their choice.
On the eve of the 60th Birth Anniversary of the Constitution of India, I must say that we are all proud to be Indians and to have such a wonderful Constitution that ensures a Sovereign socialist, secular, democratic Republic that secures to all citizens of India Justice: social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity, assuring the dignity of the individual and unity and integrity of the Nation.
The Founding Fathers our Constitution were wise enough to provide for the well being of all categories of people taking into special consideration the minorities of India so that they have equal rights and duties with the majority.
Art. 30(1) of the Constitution speaks of Rights of Minorities to establish and administer educational institutions of their choice.
Sir, you are well aware of the implications of this Article. I need not expatiate on it.
However, while congratulating the UPA Govt. for bringing out “the Right of Children to Free and Compulsory Education Bill 2009”, I must place before you that the Section 21 and 22 of the same Bill takes away the right to administer educational institutions established by the minorities receiving aid from the Government. Nay, I must add that those who have established the institution have no say in the administration of the institution as the majority of “the School Management Committee” consists of the elected representatives of the local authority, parents, or guardians of children admitted in such school and teachers:
“Provided that at least three-fourth of such Committee shall be parents or guardians:
“Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section:
“Provided also that fifty per cent of Members of such Committee shall be women”.
This makes a travesty of Art.30 of the Constitution of India, and takes away all the rights of the Minority Community that established the institution, even the administration of the property falls in the hands of the School Management Committee.
Hence, may I request you, Sir, kindly bring an amendment to Section 21 & 22 of the Right of Children to Free and Compulsory Education Bill 2009, to protect the Rights of the Minorities to establish and administer educational institutions of their choice.
I sincerely thank you and congratulate the UPA Govt. for the wonderful reforms you are bringing about for the welfare of the minorities, backward and tribal areas, depressed and other backward classes.