hindu na na

08-28-2002, 02:44 AM

Namaskar Mitra,

Why did the Ramakrishna Mission say they are not Hindus" - Article 30 of
the Indian Constitution provides minority educational institutions with certain
rights that enable them to function under minimal control. Conversely
educational institutions run by Hindus are subject to greater State control.
In 1980 when a new principal Swami Shivamoyananda was appointed the Teachers
Council went on strike, took over the management of the College and prevented
the new principal from functioning but also appointed a new principal. The
Mission and Secretary instituted a civil suit seeking a declaration that the
functioning of Shri Gupta as principal and 14 professors was illegal. In the
High Court the teachers sought the issue of a writ asking the West Bengal govt
to reconstitute the governing body according to the standard pattern & a writ
declaring that the Mission college is governed by the W.B. Act of 1975 & 1978.
The Mission resisted these writs. Meanwhile the Calcutta University sent the
Mission notices for reconstituting the governing bodies of three other colleges
run by the mission. Read On.

http://www.esamskriti.com/html/new_i...id=670&sid=129
Background to Case - This chapter briefly tells you about the facts of the case
involving the Ramakrishna Mission and the State of West Bengal that led to this
matter being referred to the Supreme Court. Does there exist a Ramakrishna
religion? Are they are a Minority under article 30?
Bare Act - This chapter gives you Articles 19 and 25-30 as they appear in the
Constitution. The intent is to enable a simple reading of these provisions.
Historical Background - The object of this chapter is to give you
pre-Independence events that forced the makers of the Constitution to provide
for minority rights like art 30. The chapter starts with the various Acts
passed by the Brits from 1858 to 1947. Next it tells you why/how the Brits
encouraged separatist tendencies amongst Muslims, creation of separate
electorates that eventually led to the Partition of India & the Minority
problem thereafter.
Meaning of Secular - It starts with the Preamble of the Constitution as written
in 1950 and amendments of 1976. Next it attempts to define Secularism by
referring to Supreme Court judgments and compares with U.SA. Britain, Germany,
France, Turkey and Islam. It ends with an analysis on the subject.
http://www.esamskriti.com/html/new_i...unt1=4&cid=674

What is Religion? - Have quoted Sri Aurobindo on religion. What is the Indian
equivalent of religion? Dharma! Have defined the term thereafter. Ended with a
Supreme Court judgment on the subject.
http://www.esamskriti.com/html/new_i...unt1=5&cid=675

Who is a Minority? - The chapter answers four questions namely, who is Minority
& a linguistic minority? Issues arising out of denominations and sects? Are
Jains, Buddhist and Sikhs minorities for the purposes of article 30 (1)? Have
referred to various Court judgments on the subject. Inputs from Germany too.
http://www.esamskriti.com/html/new_i...unt1=6&cid=676

Establish and Administer - The chapter covers the meaning of ‘ right to
establish and administer educational institutions’. Examined the relationship
between articles 29 & 30. Then there is the Benefit Debate. Must the majority
of students in a minority institution be from the minority community or! Have
quoted various Supreme Court judgments that are contrary to each other. It ends
with an analysis of the issues involved.
Administrative Issues - covers affiliation and recognition, practical issues and
rights of employees, students, and management.
Hindu Schools - have listed down various legal provisions and showed how they
are applicable or not applicable to Hindu and minority schools. Next, Do
Non-minorities have a fundamental right to establish and administer an
educational institutional that is secular in nature?
Legal View - have quoted Shri M P Jain and Dr Durga Das Basu on various aspects
of articles 26 to 30, their implications on the nation.
Summary - have summarized chapters one to ten with analysis.
http://www.esamskriti.com/html/new_i...nt1=11&cid=681

Way Forward - suggestions on where do we go from here.
http://www.esamskriti.com/html/new_i...nt1=12&cid=682
Cheers and om sanjeev

Discover your Indian Roots at - http://www.esamskriti.comLong Live Sanathan /
Kshatriya Dharam. Become an Intellectual KshatriyaGenerate Positive Vibrations
lifelong worldwide.Aap ka din mangalmaya rahe or Shubh dinam astu or Have a
Nice DayUnity preceedes Strength Synchronize your efforts, avoid
duplication.THINK, ACT, INFLUENCE, to Unsubscribe write back.Create Positive
Karmas by being Focussed, controlling senses, will power & determinationNever
boasts about yr victory and success, enjoy & share the fruitKnowledge, Wealth,
Happiness are meant to be sharedBe Open Minded, pick up what yu like from the
worldBe Thick skinned, internalize criticism, do what yu think is rightLet not
the power of your enemy deter yu, fortitude is what the Geeta teachesStop
cribbing, ACTION is what the Indian scriptures talk aboutTake the battle into
the enemy camp, SET THE AGENDA, be proactiveIn an argument, no emotions, be
detached, get yr facts right, then attack with the precision of a missile