O J's Corner : Reflections

O J’s Corner

Tinkering with the basic structure
Of minority status

Ingenuity of humanity calls for innovation, testing new ideas and being amenable to changes. New situations engender evolution of new tools to tackle new-found enlightenment.

However enterprising and avant-garde the new generation might be, there can be no tinkering with the basic structure of entities. There would be extreme pleas on both sides, but the fundamentals remain the same. Otherwise, the State, the society as a whole would wither away.

Kerala  has pioneered several moves in the social, educational, health, labour and many other sectors.

Now it is futilely attempting to serenade a socialistic scenario in the education sphere by browbeating the minorities. In fact, the Communists-led Government has given a new definition to minorities.

By moving this definition, unthinkable in the light of Article 30 (1) of the Constitution, which forms part of its basic structure, the LDF Government, in effect, would be jettisoning even the socially-salubrious provisions contained in the new legislation.

Its think-tank was on a moral high to seemingly appease the poor among the minorities. It is the bounden duty of the minorities themselves to spearhead a movement to cleanse the slush  in establishments run by them.

The State is now shedding crocodile tears for the marginalised among the minorities without the administration doing anything to lift the poor in all communities by setting up more institutions for professional education. The State is forcing private institutions to discharge the duty, where it had failed.

Whatever the Indian Medical Council and All India Council for Technical Education aver, the State should increase the seats in medical and engineering colleges by providing minimum facilities. If these bodies are standing in the way, the Centre should be coerced to amend the rules governing them.

The title of the new law passed by Kerala Assembly is interesting for its long-winding nature. Its provisions contain measures for prohibition of captitation fee, regulation of admission, fixation of non-exploitative fee, measures to ensure equity and excellence in professional education.

Because the minorities cannot protect themselves otherwise, Article 30 (1) of the Constitution empowers them to run educational institutions of their choice. This fundamental right cannot be taken away by circuitous way of redefining minorities.
The concept that if minorities are running more educational institutions than other communities they cannot be construed as minorities-run is archaic.

By issuing veiled threats, the attempt to confer non-minority status on Christian educational institutions smacks of ulterior motives.

The attempt should have been made in the society to unravel the corruption and undesirable practices in these institutions, instead of bridling the whole community by law, which would boomerang on the perpetrators themselves.

The Oommen Chandy-led UDF is not above blame for bringing out this legislation. The UDF leaders say they opposed the legislation when it was discussed in the Assembly. But the de jure scenario of the Assembly having unanimously passed the legislation does little for them to bandy about as pro-minority.

Just one provision, that is Section 8, should have spurred them to call for division in the Assembly while the bill was being voted in. The plea that the UDF did not want the admission procedure to go helter-skelter this year would be unpardonable for eternity.