One of the Law Firms in Delhi Dealing in Cultural & Educational Rights
Cultural and educational rights are available to the citizens of India as fundamental rights by virtue of Article 29 & 30 of the Constitution. These rights were incorporated to preserve the secular fabric of the diverse Indian population and safeguard the interests of minority groups.
While Article 29 speaks of safeguarding the rights of citizens to conserve culture, language and script as well as prohibits discrimination in admission to educational institution maintained by the state, Article 30 encourages religious and linguistic minorities to establish and administer educational institutions and prohibits states from discriminating against such minority institutions.
Interestingly, the word” minority” has not been defined in the constitution and although Article 30 is indicative that religious and linguistic minorities may be the intended recipients, the hon’ble apex court has, through judicial pronouncements, held that any community having less than fifty per cent of the total population of the state can be declared as a minority for the purposes of these articles. It has been noted that “sections of citizens” was used intentionally in Article 29 to enable a wider interpretation so even majorities in one region could claim protection in another region if they are less in numbers in the latter. However, the court has also held that the rights of minorities under Article 30(i) is not absolute and subject to public order, morality, and health.
Various facets of these two articles have been further expounded upon by the apex court, be it the constitutionality of the Auroville Emergency Provision Act or the Madras government order on admission to state medical and engineering colleges. In Aligarh Muslim University Case, the court further held that ‘right to establish’ an educational institute does not necessarily include the ‘right to administer’. The material factor to attract Article 30(1) was the establishment of the institution by the minority concerned and not by a member of a particular minority community. The right to administer includes the right to choose a governing body, teachers, right to use the property and assets of the institution. In addition, the right to administer does not include the right to maladminister.
As far as affiliation is concerned, the Supreme Court has held that both minority and non-minority institutions have to be placed at a similar footing, except where recognition is denied on the ground of minority and the regulation is not aimed or has the effect of depriving an institution of its minority status.
While admission related orders passed by multiple states have been constantly challenged and nullified or guidelines being laid down on their administration, cultural challenges have seen great turmoil in the country, be it the Jallikattu festival case or the hijab ban.
Fox Mandal & Associates is one of the top law firms in Delhi that deftly handles legal disputes pertaining to constitutional rights of individual including cultural and educational rights. Sensitive matters need sensible response be it while offering opinions, drawing up mediation, arbitration, and litigation strategies, issuance of and replies to notices, defending high-stakes complaints and formulating response strategies in complex multi-jurisdictional inquiries and litigations.
As one of the best law firms in Delhi, fox mandal also provides advice on investigation, adjudication, imposition of fines and penalties, and arrest and detention of individuals, instituting proceedings and representing clients in various courts, filing writ petitions, appeals, PILs, drawing up of statement of claim/statement of defence along with other pleadings including witness affidavits as well as advising on possible constitutional challenges to statutes.
Listed among the top law firms in Delhi by various renowned national and international legal publications, the firm is a full-service law firm and is seen as one of the go-to corporate law firms in Delhi that offers a horde of contracts and commercial transaction related services. Often the best law firms in Delhi do not specialize in corporate restructuring and banking but Fox Mandal is one of the premier corporate law firms in Delhi that not only works on restructuring and banking but also handles a range of legal services pertaining to corporate governance, mergers and acquisitions, securities law compliances as well as tax and employment law matters.
Our firm believes that the many cultures of India deserve to feel understood and to be accurately represented with trust.