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The Constitutional provision of education and social justice
This document discusses the aims and purposes of education as outlined in the Indian Constitution. It begins by providing background on the author and their credentials. It then outlines 12 key provisions in the Constitution related to education and the aims that are derived from each one. Some of the main aims discussed include the right to free and compulsory education, education for women, promotion of education for scheduled castes and tribes, religious education, protection of minority interests, and instruction in mother tongues. The document also discusses concepts of social justice and how education serves as a means of achieving social justice in India according to the Constitution.
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The Constitutional provision of education and social justice
- 1. Dr.C.Thanavathi M.A.(His.), M.Phil. (His.),B.A. (Eng.), M.Ed., M.Phil. (Edn.) DGT., DCA, SET (Edn.), CTE, PGDHE, Ph.D. (Edn.), Ph.D. (His.) Assistant Professor of History, V.O.C. College of Education, Thoothukudi – 628008. 9629256771 [email protected], http://thanavathi-edu.in/index.html Contemporary India and Education Unit I Education in Contemporary India, Constitutional Context
- 2. Aims and Purposesof Education Drawn from Constitutional Provision • Indian Constitution is one of the largest Constitutions in the world which comprises of 412 Articles and 12 Schedules. • The Preamble of the Constitution outlines the social philosophy and cultural ethos which should oversee all our educational institutions. • Right to Education (RTE) is one of the fundamental rights enshrined in the Constitution of India. • The table below enumerates the educational aims derived from the constitution articles pertaining to education.
- 3. Provisions Article Aims 1. Rightof free and compulsory education 45 To make education a right and to provide free and compulsory education to all the children at appropriate age. 2. Right to education 21A To provide free and compulsory education 3. Education for women 15(1) (3) To provide education without any discrimination 4. Promotion of education and economic interests of SC, ST and other weaker sections 46 To provide equal opportunity of education to all the members of the society. 5. Religious education 25, 28(1)(2)(3) To provide religious education. 6. Education of minorities, protection of interests of minorities 29 To bring equality among the members of the society by providing them the same platform of learning, educating them and hence growing and contributing to the productivity of the nation. Aims
- 4. Provisions Article Aims 7. Rightof minorities to establish and administer educational institutions 30 To provide stability and security to the members of the society. 8. Instruction in mother-tongue at the primary stage 350-A To provide education to the children in their mother tongue so that they can construct understanding in their own language and learn easily 9. Promotion of Hindi 351 To offer opportunities to the stakeholders to work in the development and promotion of the Hindi language. 10. Education in union territories 239 To provide education related to union territories 11. Fundamental duty to provide the opportunity for education 51(A) to provide the opportunity for education 12. It provides special provision with respect to educational grants for the benefit of Anglo-Indian community 337 To provide equal opportunity of education to all the members of the society.
- 5. Purposes • Free andcompulsory education Provision of early childhood care and education to children below the age of six years: a) Article 45: The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
- 6. Purposes • Right toEducation a) Article 21A- The state shall provide free and compulsory education to all children of the age 6 to 14 years in such manner as state may, by law determine (86th amendments, Act 2002). b) 93rd Amendment (Primary Education a Fundamental Right)- Now by 93rd amendment of the constitution the primary education has made a 'Fundamental Right'. It has become a legal right.
- 7. Purposes • Education forwomen a) Article 15- This article is regarding no discrimination against any citizen on grounds of sex, religion, race, place of birth. b) Article 15 (3) of the constitution empower the state to make any special provision for women and this include their education also. c) Article 15(1) provides that, the state shall not discriminate against any citizen on grounds of sex, religion, race, place of birth.
- 8. Purposes • Promotion ofEducation and Economic Interest of SC, ST and Other Weaker Sections a) Article 46 - It lays down, "The state shall promote with special care the educational and economic interests of the weaker sections of the people and in particular, of the schedule castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation". It is one of the directive principles of state policy.
- 9. Purposes • Provision forReligious Education a) Article 25- Right to Propagate Religion Article 25(1) of the constitution guarantees all the citizens a right of freedom of conscience and the right to profess, practice and propagate religion. b) Article 28 Freedom as to attendance at religious instruction Article 28 relate to 'Freedom as to attendance at religious instruction or religious worship in certain educational institutions'. This article has three clauses. c) Article 28(1): states, no religious instruction shall be provided in any educational institution wholly maintained out of state funds." d) Article 28(2): states "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." e) Article 28(3): lays down "No person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given a consent there to".
- 10. Purposes • Protection ofinterests of minorities Article 29- Article 29 relates the protection of interest of minorities it lay down (a) "Any section of the citizen residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (b) "No citizen 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".
- 11. Purposes • Right ofminorities to establish and administer educational institutions Article 30 It relates to 'Right of minorities to establish and administer educational institutions. (a) "All minorities whether based on religion or language shall have right to establish and administer educational institutions of their choice". (b) "The states shall not discriminate against any educational institution in respect of grant in- aid, on the ground that it is under the management of a minority whether based on religion or language".
- 12. Purposes • Instruction inmother-tongue at the primary stage Article 350-A a) Article 350-A relates to facilities for instruction in mother-tongue at the primary stage. It lay down as, "It shall be the endeavor of every state and of every local authority with the state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups; and the president may issue such directions to any state as he considers necessary or proper for receiving the provision of such facilities. b) Article 350-B: provides for the appointment of a special officer for linguistic minorities with the object of investigating into the matter relating to safeguards provided for linguistic minorities under the constitution.
- 13. Purposes • Promotion ofHindi Article-351 Article 351 is related to promotion of Hindi. The constitution also provides for the development and propagation of national languages, Hindi. According to article 351, it is the special responsibility of the centre to develop the national language i.e. Hindi so that it may serve as a medium of expression for all the elements of the composite culture of India. For this there is a directorate of Hindi in the Central Ministry of Home Affairs.
- 14. Purposes • Education inthe Union Territories Article-239 Article 239 of the constitution states," Save as otherwise provided by Parliament by how, every Union Territory shall be administered by the President acting to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify." This means that every union territory has its own education department and the responsibility of education in union territory has been under union or centre government.
- 15. Purposes • Fundamental dutiesto provide opportunity for education Article 51A Clause 'K' It shall be the duty of every citizen of India who is parent or guardian to provide opportunities for education to his child or as the case may be, wards between the age of six and fourteen years. • It provides special provision with respect to educational grants for the benefit of Anglo- Indian community- Article 337. To provide equal opportunity of education to all the members of the society.
- 16. Education as ameans of social justice in the Indian Constitution
- 17. Social Justice -Concept • Social justice means maintaining justice to the society. • It simple means equality in society, socially just society or enjoys equal benefits in the society. • Social justice means equality in society, however, many social and educational disadvantages have not enjoyed their rights and not getting benefits under the ordinary law. • Justice has not infringed giving a special provision to the weaker section of the community. • It rather encourages a special provision to enjoy the social benefits. • In Indian society, some weaker section like minorities and backward classes are neither equally enjoying their rights, nor are they treated equally. • They need to be given a special status to uplift themselves so as to enjoy their rights in the society. • So, empowering the weaker section of the community is one of the most important ingredients of social justice.
- 18. Social Justice -Definition • Andrew Haywood define that: “Social justice thus stands for a morally defensible distribution of benefits or rewards in society, evaluated in terms of wages, profits, housing, medical care welfare benefits and so forth”. • John Rawls’ principles of social justice are “they provide a way of assigning rights and duties in the basic institutions of society and they define the appropriate distribution of the benefits and burdens of social cooperation”. While formal definitions for social justice vary in wording, there are commonalities among them. • Equal rights • Equal opportunity • Equal treatment With these core values in mind, we can define the phrase as such: Social justice means equal rights, opportunity and treatment for all.
- 19. Constitutional Provisions Relevantto Social Justice and Empowerment of Vulnerable Sections • The Indian constitution has mentioned the word ‘Social Justice’ only in three places. • In Part IX of the constitution, (The Panchayats) article 243 G (a) & (b) and Part IXA (The Municipalities) article 243W (i), the Indian constitution has expected the Panchayats and Municipalities to bring social justice to the people. • To maintain social justice does not encouraged giving anything in free, but aimed at providing opportunities so as to enjoy the social benefits equally.
- 20. Constitutional Provisions • Article23: Prohibition of traffic in human beings and forced labour. • Article 24: Prohibition of employment of children in factories, etc. • Article 37: Application of the principles contained in this Part Directive Principles of State Policy (DPSP). • Article 38: State to secure a social order for the promotion of welfare of the people. • Article 39: Certain principles of policy to be followed by the State. • Article 39A: Equal justice and free legal aid. • Article 46: Promotion of Educational and Economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
- 21. • Social Safeguards •Article 17: Abolition of Untouchability • Article 25: Freedom of conscience and free profession, practice and propagation of religion. • Political Safeguards • Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. • Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. • Article 334: Reservation of seats and special representation to cease after sixty years. • Article 243D: Reservation of seats (in Panchayats). • Article 243T: Reservation of seats (in Municipalities). • Agency for Monitoring Safeguards • Article 338: National Commission for Scheduled Castes
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- 23. Dr.C.Thanavathi M.A.(His.), M.Phil. (His.),B.A. (Eng.), M.Ed., M.Phil. (Edn.) DGT., DCA, SET (Edn.), CTE, PGDHE, Ph.D. (Edn.), Ph.D. (His.) Assistant Professor of History, V.O.C. College of Education, Thoothukudi – 628008. 9629256771 [email protected] http://thanavathi-edu.in/index.html Thank you