MoI decision violates Constitution
By Aravind Bhatikar
The recent cabinet decision on the MoI issue has neither been circulated nor notified as a Government order. What has been distributed to the press is a ‘secret’ Cabinet note, which apparently leaves many details vague.
The actual order on MoI, when it appears in public domain, may contain some variations. Based on media reports, it is apparent that the BJP government headed by Manohar Parrikar has tried to sell to Goans the earlier Congress product with slight changes in packing that fails to hide the product. The flagrant violation now of the earlier BJP manifesto for the last assembly election is obviously meant to capture minority votes in South Goa during the ensuing Lok Sabha elections. In its anxiety to grab the minority votes in the South, the BJP has completely ignored the fact that this decision will alienate voters belonging to the majority community both in North and South Goa.
This article is written on the presumption that the reader is acquainted with the MoI issue, since the issue has been with us for more than 30 months.
The MoI formula evolved by Manohar Parrikar and adopted by the Cabinet, is ultra-vires Article 14 and Article 15 of the Indian Constitution. Article 14 gives to citizens Right To Equality before Law. It reads as follows: “The State shall not deny to any person equality before the law or equal protection of the law within the territory of India.”
Article 15 gives the right against discrimination on the basis of religion, caste, etc. The Article reads as follows: “Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth:
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.”
The new formula giving special treatment to minority institutions is an infringement of the above Fundamental Rights under Article 14 and 15.
While the primary schools set up and managed by minorities will be eligible for Government grants even though their medium of instruction is mainly English, the English medium primary schools mostly run by non-minority managements are not eligible for Government grant.
Any parent or group of parents with their children studying in non-minority schools, approaching a High Court in Goa for reddressal against infringement of their right under Article 14 and 15 of the Constitution, are bound to succeed as the Court is sure to strike down this reckless Cabinet decision.
This patch-work MoI Policy on the one hand will strengthen denationalised sections of Goan society and one on the other treat the children studying in non-minority schools as second class citizens, by rejecting to them the facilities given to minority institutions.
In the event of the Court quashes the Cabinet decision, the BJP government will either have to throw open this facility to all primary schools in Goa or withdraw this facility once for all by reverting to the MoI Policy enforced by Shashikala Kakodkar as education minister in 1990-91. In case this MoI Policy is extended to all primary schools in Goa, it will eventually exterminate Konkani and Marathi in Goa and the responsibility for this extermination of the Bharatiya Sanskruti in Goa will lie squarely on the shoulders of the Bharatiya Janata Party Government. In any case, the Bharatiya Janata Party will stand exposed for sacrificing its avowed principles to political expediency of the ensuing Lok Sabha Elections.
The plan of the BJP Government to appease minorities to win the South Goa Parliamentary seat must not be allowed to succeed. A rejection of BJP candidates at the hustings may not imply the acceptance of Congress candidates, since the Congress has already been thrown out by the people of Goa in 2012 Assembly Elections for good reasons. People should vote either for well-meaning independents who swear by primary education in the child’s mother tongue or press the NOTA button on their Electronic Voting Machine (EVM) to indicate that no candidate is worthy of their vote.
http://www.navhindtimes.in/panorama/moi-decision-violates-constitution
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