THE NEED TO EMPOWER THE MINORITY SECTS IN EDUCATION
Last Updated on January 11, 2024 by News Desk
Introduction:
Senior Advocate Kapil Sibal defended the minority status of Aligarh Muslim University (AMU) before the Supreme Court, emphasizing that Muslims in India face educational disadvantages worse than Scheduled Castes. Sibal argued that education is crucial for Muslim empowerment and urged the court to acknowledge the challenges faced by the community. The hearing revolves around the minority status of AMU, with questions arising on the parameters for granting such status under Article 30.
Issues:
The central issue in the case pertains to the criteria for an educational institution to be designated as a minority institution under Article 30. Additionally, the debate includes whether a centrally-funded university, like AMU, established by parliamentary statute, can claim minority status. The seven-judge bench is reexamining the matter, referred to them in 2019, challenging the previous ruling that denied minority status to a Central University, as established in the 1968 case of S Azeez Basha vs Union of India.
Reasoning:
During the hearing, Chief Justice DY Chandrachud highlighted the importance of recognition for a minority institute, stating that without it, the institute is akin to a shell. The focus shifted to the composition of AMU’s governing body, with Senior Advocate Rajeev Dhavan asserting that it predominantly consists of Muslims. The discussion also touched upon the Azeez Basha decision and whether an institute protected under Article 30 must be run as a charity. Sibal, echoing Dhavan, argued that the Azeez Basha decision overlooked the entire purpose of the Act establishing AMU.
Sibal emphasized the origin and impact of AMU as a minority institution, citing its role in bringing about positive change within the Muslim community. He argued for the preservation of the diversity inherent in the constitutional ethos and stressed the importance of recognizing minority educational institutions, asserting compliance with regulations.
Conclusion:
The ongoing hearing regarding the minority status of AMU raises critical questions about the criteria for designating educational institutions as minorities under Article 30. The legal debate involves revisiting past decisions, such as the Azeez Basha case, and assessing the purpose and compliance of AMU with regulations. Kapil Sibal’s arguments underscore the significance of education in empowering the Muslim community, positioning it as a vital factor for their socio-economic advancement. The Supreme Court’s final decision will likely shape the landscape of minority educational institutions in India.
Written by — Athi Venkatesh A V D
