एडम स्मिथ ने अपने पुस्तक "The Wealth of the Nations" में लिखा है कि आत्म मंसा वाले पादरी ठीक वैसा ही व्यव्हार करते हैं ज...
Posted by Himanshu Shekhar Jha on Monday, July 6, 2015
Monday, July 6, 2015
Religious Extremists target their own religion first...
Sunday, July 5, 2015
Seeking religion reason is of limited use for it is without foundation
I don't understand all should be painted with the same brush in a single colour. Telling that Muslim's religious institutions creates terrorism, why not Hindu, why not christian and any other religion on the earth. Terrorism has no value, no ethics, no humanity. Above all terrorism has no RELIGION. ["In Yaksha Yudhisthir Samvad..., Yudhishtir is asked, "Could one depend upon dharma to protect one in this uncertain world? If so, how does a person go about finding dharma? Yudhisthir says that in seeking dharma, 'reason is of limited use for it is without foundation; neither are the sacred texts helpful as they are at odds with one another; nor is there a single sage whose opinion could be considered authoritative. The truth about dharma is hidden in a cave.'" - Gurcharan Das (The difficulty of being good)]
Reality or Myth that Nehru turned US proposal down to take India Permanent Membership In UNSC
२००३ की अपनी किताब "Nehru: The Invention of India" के १५७वे पृष्ठ पर शशि थरूर लिखते हैं, "in 1953, ... Indian diplomats...
Posted by Himanshu Shekhar Jha on Saturday, July 4, 2015
Friday, July 3, 2015
Whether Religious Education is Constitutional in India or not?
Maharastra Govt. has denied to recognise Madarsa which does not teach English, Maths and Science as its subject and the student passed out of it will be deemed to be "Out of School". It will be very interesting to see what constitutional support it takes as Madarsa in Maharshtra runs as a private institution which seems to be constitutional as per Article 30 (1) of the Constitution of India which clearly says, "All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice." Hence, it is clear that the minorities of India has all the rights to establish educational institution of their own.
Maharashtra govt. is pleading that its intention is to bring students of Madarsa into "mainstream education" which likely to be somehow based upon the Article 16 of the Cosntitution but Article 16 (5) of the constitution says, "Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of
any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30." Stating more elaborately the State shall not have free authority to make any special provision relating to Madarsa and other such kind of minority run education institution.
Right to Education which is Article 21A of the Constitution of India states, "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." Here it is pertinent to understand the definition of "State" according to the Constitution of India. Article 12 of the Constitution has broad definition of state when used in Parts III & IV of the Constitution and it says, "“the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India." Now going to Article 44 of the Constitution which is nothing but a rudiment of India being a secular state defines, "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Reading Article 44 of the Constitution, it is the duty of the state to protect all the rights of all the religion, languages and cultures in India.
Further Article 28 of the Constitution says,"(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution."
Now let us understand the status of Madarsa in different states including Maharashtra.
In Maharashtra, the govt. has not recognized any board for Madarsa and it is running as private organisation under the State Wakf Board and mostly focuses upon religious education. There are 1889 Madarsas with approx. 1.5 Lac students out of which 550 are educating their pupil with English, Maths and Sciences and getting aid from the government.
In Madhya Pradesh out of 7000 Madarsas, 1500 are supported by the government aid. Here Madarsa Board conducts examination upto class VIII. Xth and XIIth Exams are conducted by Madhya Pradesh Open School.
In Gujarat, there are only 150 Madarsas which gives only religious education and have not been registered with the government. There are two types of Madarsas there; one which focuses only on religious education and another which gives primary education also. For first one, no need to get government approval but for second it needs to get permission. Two years before the then government offered these for Madarsa Board by the government which they refused.
In kerela, Madarsas are very much advanced. In Bihar they educate their people with English, Maths and Science and related to Bihar State Madarsa Board.
Now coming to the conclusion, this proposal by the Maha. government that Madarsa which do not educate their pupil with English, Maths and Science shall not be recognised and their pupil shall be deemed to be "out of school" if dragged in the Apex court will yield very interesting result. Let us see if any one moves to the Hon'ble Apex Court against the proposal of the state government and what the Hon'ble Court rules. However the same step was taken by the Ashok Gehlot led Congress Government of Rajasthan and no one whispered anything upon it. Finger Crossed for Good outcome.
Maharashtra govt. is pleading that its intention is to bring students of Madarsa into "mainstream education" which likely to be somehow based upon the Article 16 of the Cosntitution but Article 16 (5) of the constitution says, "Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of
any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30." Stating more elaborately the State shall not have free authority to make any special provision relating to Madarsa and other such kind of minority run education institution.
Right to Education which is Article 21A of the Constitution of India states, "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." Here it is pertinent to understand the definition of "State" according to the Constitution of India. Article 12 of the Constitution has broad definition of state when used in Parts III & IV of the Constitution and it says, "“the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India." Now going to Article 44 of the Constitution which is nothing but a rudiment of India being a secular state defines, "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Reading Article 44 of the Constitution, it is the duty of the state to protect all the rights of all the religion, languages and cultures in India.
Further Article 28 of the Constitution says,"(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution."
Now let us understand the status of Madarsa in different states including Maharashtra.
In Maharashtra, the govt. has not recognized any board for Madarsa and it is running as private organisation under the State Wakf Board and mostly focuses upon religious education. There are 1889 Madarsas with approx. 1.5 Lac students out of which 550 are educating their pupil with English, Maths and Sciences and getting aid from the government.
In Madhya Pradesh out of 7000 Madarsas, 1500 are supported by the government aid. Here Madarsa Board conducts examination upto class VIII. Xth and XIIth Exams are conducted by Madhya Pradesh Open School.
In Gujarat, there are only 150 Madarsas which gives only religious education and have not been registered with the government. There are two types of Madarsas there; one which focuses only on religious education and another which gives primary education also. For first one, no need to get government approval but for second it needs to get permission. Two years before the then government offered these for Madarsa Board by the government which they refused.
In kerela, Madarsas are very much advanced. In Bihar they educate their people with English, Maths and Science and related to Bihar State Madarsa Board.
Now coming to the conclusion, this proposal by the Maha. government that Madarsa which do not educate their pupil with English, Maths and Science shall not be recognised and their pupil shall be deemed to be "out of school" if dragged in the Apex court will yield very interesting result. Let us see if any one moves to the Hon'ble Apex Court against the proposal of the state government and what the Hon'ble Court rules. However the same step was taken by the Ashok Gehlot led Congress Government of Rajasthan and no one whispered anything upon it. Finger Crossed for Good outcome.
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