FUNDAMENTAL RIGHTS (PART III) OF

THE CONSTITUTION OF INDIA

CULTURAL AND EDUCATIONAL RIGHTS
RIGHT AGAINST EXPLOITATION
CULTURAL AND
EDUCATIONAL RIGHTS
CULTURAL AND EDUCATIONAL RIGHTS
(ARTICLE NO 29 & 30)
RIGHT TO CONSERVE LANGUAGE, SCRIPT OR
CULTURE (ARTICLE 29(1))
Any section of the citizens residing in the territory of India or
any part of having distinct language, script or culture of its own
shall have the right to conserve the same
The Right to conserve means the right to preserve & maintain
along with including the right to work for ones own language,
script or culture and to agitate for the same.
Case studies:-
1)Jagdev Singh Sidhanti v. Pratap Singh Daulta
2) D. A. V. College, Jullundur v. State of Punjab
RIGHT TO CONSERVE LANGUAGE, SCRIPT OR CULTURE
[ARTICLE 29(1)]
Case studies:-
1)Jagdev Singh Sidhanti v. Pratap Singh Daulta
Instances to support his allegation that appellant :
1) Took help from Hindi agitation
2) Used Om Dhwaj belongs to the Arya Samaj
3) Made promises that he would work for Hindi Langg
S. C. REJECTED THE CONTENTIOUS OF THE RESPONDENT
2) D. A. V. College, Jullundur v. State of Punjab
S.C held that the setting up of the Guru Nanak Dev University at
Amritsar to promote, inter alia, the studies & research in Punjabi
language and literature and to undertake measures for the
development of Punjabi Language & culture did not infringe article
29.
RIGHT OF A CITIZEN TO ADMISSION TO
EDUCATIONAL INSTITUITIONS [ARTICLE 29(2)]
No citizens shall be denied admission into any
educational institution maintained by the state or
receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them.
Case Studies:-
1)State of Bombay v. Bombay Education Society: State
Gov. issued an order banning admission of all those whose
language was not English into schools having English as
medium of instruction.

[When Article29(2) does not apply..not on the basis of
residence, domicile or sex]


RIGHT OF A CITIZEN TO ADMISSION TO EDUCATIONAL
INSTITUITIONS [ARTICLE 29(2)]

2)State of Madras v.Champakam Dorairajan
The communal G.O. allocating seats in medical and
engineering colleges in proportion to several communities
was struck down by the S.C. as violative of Article 29.
First Amendment as Article 15 clause (4)
nothing in Article 15 or in Article 29(2) would prevent
the state from making any special provision for the
advancement of any educationally and socially backward
classes of citizens or for the Scheduled Castes and
Scheduled tribes

Article 30(1): Right of Minorities to Establish
and Administer Educational Institutions
All minorities; religious or linguistic have the right to establish and administer
educational institutions
No discrimination in granting aids will be done on the ground of minorities
The word or means either linguistic or religious, not both
Minority undefined
TMA Pai Foundation v. State of Karnataka
Kerala Education Bill: 50% population and an indefinite decision
TMA Pai Foundation v. State of Karnataka 11 Judges bench

State is a unit to be considered for declaring
the communities living therein as a minority
A Linguistic Minority
Mustve a separate spoken language
But no distinct script required
That language which the community speaks and not what
they want their children to speak
Even official language of a state can be a linguistic
minority

Eg: West Bengals official state language is English;
Anglo Indians in WB can be called minority even if they speak
English which is the official state language
Religious Minority
Adherence to a religion
Not sect or part of the religion
E.g. : Muslims, Christians, Sikhs, Parsis
Jain Shwetamber Terapanthi Sect have been declared minority
because their faith is different from Hindu Religion
CS: Bhramchari Sidheshwar Shai v. State of WB
Ramakrishna religion is no other than Hindu hence cannot be declared
minority
It isnt applicable for foreigners
Establishing and Administering
Educational Institutions
Establish = bring into existence
No prior permission for establishment of a minority
educational institute
The whole community need not be a part of the endeavor
Funds can be from a foreign entity.
The Headmaster if of other community or religion does
not render it non-minority
Certain Rights within Article 30(1)
Right to establish professional education: Primary to Post-
graduate level
Right to administer institutions set by the Minority
Founders and nominees can mold the institution as they think fit
CS: DAV College Jullundur v. State of Punjab
Guru Nanak University Amritsar
Appointment as per Vice-Chancellor, control on teaching staff,
Principal, etc
Violated Art30(1)
Similar CS: St. Xaviers College vs. State of Gujarat
Has the right to choose teachers of choice

Aided and Unaided Minority Institutions
CS: TMA Pai Foundation vs. State of Karnataka
Minimum eligibility for students and prescribing qualifications for teachers
allowed
Procedure of admission must be transparent and merit based
If you receive aid, you wont lose minority character
But come under the purview of state legislation
2 CASES:- If the educational institution is aided
Students not required to follow any religious instruction: if provided
And the institute cannot impart any religious instruction
No grant: institute still stays a minority
Required to
Admit a reasonable extent of non-minority students
Right to choose HM/Principal
CS for HM: Manager, CE Agency v. State of Kerala
No interference in appointment of HM
Right to Select Students
CS: Sidarajbhai v. State of Gujarat
80% seats to be filled by nominees of government
Scrapped
CS: St. Stephens College v. University of Delhi
50% Christian and 50% others
Both on inter se merit
Transparency

RIGHT AGANIST EXPLOITATION
Articles 23 and 24 guarantees the
fundamental right against exploitation. This
right is secured to every person whether
citizen, non citizen or an alien.
ARTICLE 23(1)
(1) Traffic in human beings and
begar and other similar forms of
forced labour are prohibited and any
contravention of this provision shall
be an offence punishable in
accordance with law.


HUMAN TRAFFICKING
It means any dealings in human beings like
chattels.
Selling and buying ,men or woman like
goods.
It includes immoral practices in women and
children.
Case-
1. Vishal Jeet vs Union of India . 1990
2. Garuav Jain vs Union of India . 1997
BEGAR
Begar means involuantary work w/o payment.
It constitutes of two elements
a) To compel a person to work against will.
b) Not paid any remuneration for that work

Cases-
1. Kahason Thangkhul vs Simirei Shailei, 1961
2. Chandra vs State of Rajasthan
OUTCOMES
Immoral traffic in women & girls
Act,1956
The Bonded Labour system
(Abolition) Act, 1976, has been
enacted by Parliament to give effect
to this Article.


BONDED LABOUR SYSTEM (ABOLITION) ACT,
1976
The Bonded Labour System stands abolished
throughout the country with effect from 25
th
October, 1975 with the enactment of Bonded
Labour System (Abolition) Act, 1976.
Every bonded labourer stood free from obligation
to render bonded labour.
Any agreement because of which a person was
required to render any service as bonded labour
was banned.

SALIENT FEATURES
Offences for contravention of provisions of the
Act are punishable with imprisonment for a term,
which may extend to three years and also with
fine, which may extend to 2000



ARTICLE 23(2)
(2) Nothing in this article shall prevent the
State from imposing compulsory service for
public purposes.
In imposing such service the State shall not
make any discrimination on grounds only of
religion, race, caste or class or any of
them.
CASES
State of Gujrat v Honble High Court of
Gujrat. 1998
Devendranath Gupta vs state of MP. 1960
ARTICLE 24
No child below age of 14 shall be employed to
work in any factory, mine, or engaged in any
other hazardous employment.
Employing a child below 14 years in any kind of
occupation is set to become a offence.

CASES
M.C. Mehta vs State of TN (Abolition of child
labour from Sivakasi Match industries. ),1991
District Beedi Workers Union v. State of Tamil
Nadu.(1992)
Peoples Union for Democratic Rights vs Union of
India. 1982

STEPS TAKEN BY THE GOVERNMENT
Parliament has enacted the Child Labour
(Prohibition and Regulation) Act, 1986,
providing regulations for the abolition of child
labour.
Penalties for employing, child labour.
As well as provisions for rehabilitation of
former child labourers.
THE CHILD LABOUR ACT, 2012
The Act prohibits employment of children below 14 years
in certain occupations such as automobile workshops,
bidi-making, handloom, mines etc..
Except where the child helps his family after school
hours.

SALIENT FEATURES (cont....)
Punishment for employing any child in an
occupation with a max. 3 yrs imprisonment or fine
up to Rs. 50,000..
Right of Children to Free and Compulsory
Education.