Several Mulsim organizations have been expressing their reservations and apprehensions on the Right To Education act 2010 and demanding amendments to the act so as to exclude minority institutions and Madarsas from its preview.  The organizations fear that certain provisions of the act militate against the right of the minorities in the constitution under article 30(1). 

For a detailed discussion on the subject a delegation was led on 2.7.10 by Shri Ram Vilas Paswan to Shri Kapil Sibbal, Union Minister of Human Resource and Development (HRD).  Shri Abdul Khaliq, Secretary General, LJP, Maulana Wali Rehmani and other prominent leaders of  several muslim organizations were part of the delegation.

During the discussion it was emphasized that since the educational rights of the minorities under article 30(1), were statutory and therefore any provisions of the act of the RTE could not take away any of the rights as guarantee in the article 30(1).  Minorities shall continue enjoying their rights & privilege guaranteed in the said article even after the enactment of the RTE.  Therefore, provision of the RTE should not in any way affect the rights & privilege of the minorities to establish and administer educational institutions of their choice.  And therefore, the act shall not be binding on the Madarsa or Minority Education Institutions.  Shri Kapil Sibbal assured the delegation that statutory educational powers of the minorities under article 30(1) shall remain protected and provision of RTE shall not take away any of those rights.  Shri Sibbal, stated that in case, minorities had any apprehensions, doubts or confusions those shall be clarified in the rules that were to be framed under act.  He suggested that a note could be given on the issues to be incorporated in the rules.

It was further emphasized upon Shri Kapil Sibbal that since several court cases, litigations and objections from several state govts. were causing harassment to the minorities in establishing and administering their educational Institutions, it was necessary that a comprehensive legislation under article  30(1) should be brought to Parliament incorporating necessary explanations, definitions and detailed clarification on the rights of the minorities to establish and administer educational institutions under act 30(1).  Shri Kapil Sibbal agreed and said that a detailed note could be given so as to draft a compensative legislation on the subject.

Lok Janshakti Party shall continue taking up the cause of the minorities inside and outside the parliament house and protect their constitutional rights guarantee in the article 30 (1) of the Constitutions.

(Abdul Khaliq)