MUMBAI: In what appears to be a medieval fatwa, the Sena-BJP-ruled BMC has sought to make it mandatory for the 150-odd missionary-run schools in the city to promote 'Hindutva traditions'. The municipal corporation's education committee will now write to the state education department seeking permission to enforce its widening list of demands.
The move has caused widespread anguish among both parents and the academic community, with experts pointing out that these diktats have no legal standing. The missionary schools have threatened to go to court if they are made to toe the parties' line. On Tuesday, the saffron combine had proposed that these institutions allow their students to wear their 'Indian-ness' in the form of bindis and bangles. A day later, it hardened its stance, with demands like more holidays for Ganpati and Diwali, a corporators' quota in these schools similar to that given to MLAs, a school notice board prominently displaying the names of corporators in the education committee, and all communication to the BMC to be written in Marathi. "While reviewing proposals from BMC-aided schools, we came across many missionary schools who had written to us in English. And many corporators observed that while these schools approach the BMC for aid, they do not adhere to Hindu traditions. If these missionaries come here to impart education, they should adhere to Hindu traditions as most of the students are Hindus. Why should they forbid girls from wearing bindis or bangles or even using mehendi? What is the need for such rigid discipline?" asked education committee chairperson Rukmini Kharatmol. http://timesofindia.indiatimes.com/City/Mumbai/BMCs-Hindutva-diktat-upsets-schools/articleshow/5955898.cms *‘Saffron ideology goes against the Constitution’ * *TIMES NEWS NETWORK * Mumbai: The Shiv Sena-BJP ruled BMC’s proposals to make it mandatory for missionary-run schools to allow “Hindu traditions’’ may not stand the test of laws in the country and would violate fundamental rights, say legal experts across the city. Article 30 of the Constitution of India, gives linguistic and religious minorities the right to “to establish and administer educational institutions of their choice’’. This right allows minority communities to set up schools and colleges without government interference. “The Constitutional right is not a special law to favour minorities, but it has been enacted to ensure that they are not discriminated against,’’ said a lawyer who practises in the Bombay High Court. While a private unaided minority educational institutions stand on a different footing, the state can exercise some control over aided minority establishments, according to lawyers. “Minority institutions that receive state aid are required to follow the rules laid down by the government,’’ said lawyer Mihir Desai, adding, “Various Supreme Court judgments said that the state can make regulations for minority aided institutions with a view to achieve the aim of academic excellence.’’ These can include rules about the ratio of number of teachers to a classroom, qualification criteria for the faculty or with regard to the syllabus. The lawyer added that the authorities would have to show how these proposed rules which are to be introduced would fulfil the objective of attaining excellence in education. This view was seconded by advocate Uday Warunjikar. “Under the Constitution, linguistic and religious minority schools are accorded special protection to ensure that they can preserve their traditions and culture. The state has some control on minority institutions that receive grant in aid from the government, but even this is limited,’’ said Warunjikar. The advocate further said that it would have to be seen what shape the final BMC resolution, if any, will take and if they are serious about rules requiring that missionary-aided schools allow their students to wear bindis and bangles. “If the rules are meant to improve educational standards then they may have some merit, but if the norms are going to concentrate on mere ornaments and appearances, then it would be hard to defend it in a court of law or show that such regulations have any nexus with purpose of education,’’ added Warunjikar. http://epaper.timesofindia.com/Daily/skins/TOINEW/navigator.asp?Daily=TOIM&showST=true&login=default&pub=TOI
