Proposed Amendment to Article 25 and 30 to safegaurd Hindu rights

via MG Desai published on July 6, 2010
                                                           

1.As we are well aware, the so called minorities have been trying to convert Hindus to their respective faiths by claiming that propagation of religion is a fundamental right guaranteed by the constitution and Hindus have no option but to accept this reality.       
                                               
2.After considering the legal position on the subject, I have arrived at the conclusion that if the non-Hindus have a right to propagate their religion, well, in that case, the Hindus should also have a right to protect their religion and, in order to confer this right on the Hindus, Article 25 of the constitution needs to be amended.

3.I am enclosing herewith a draft amendment to Article 25. The amendment does not restrict, curtail or abridge the rights of minorities in any manner but merely amplifies the scope of that Article so as to include ‘protection of religion’ within its ambit. This amendment will allow Hindus to protect their temples from desecration and Governmental take-overs, protect their religious customs and traditions from undue interference from the Government and protect their co-religionists from poaching by missionaries of alien religions.

4.Also, after the amendment, the right to propagate religion will be restricted to citizens of India only and will not cover foreign missionaries. 

5.I have likewise suggested an amendment to Article 30 which allows minorities to set- up their educational institutions while those run by Hindus are open to Government interference and take-overs. This amendment will, instead of restricting this right only to minorities, enlarge the definition of the term ‘minorities’ so as to include any caste or sub-caste within Hindu religion which is a de-facto minority vis-à-vis the entire Hindu community.

6.Let these views be circulated among all Hindus organizations in India and abroad.

                                                           
                                                                     PART III  
                                                          FUNDAMENTAL RIGHTS
                                                   Right to Freedom of Religion

25.       Freedom of Conscience and Free profession, practice and propagation of religion

(1)Subject to public order, morality and health and to the other provisions of this Part, all persons                   are equally entitled to freedom of conscience and the right to profess, practise and propagate religion.
………………………………………………………………………………………………………………………………………………..
                              Proposed Amendment to Article 25 of the Constitution
A)The subject title of Article 25 of the Constitution of India shall be substituted by the following :-
                       ‘25.   Freedom of conscience and free profession, practice, propagation and protection of religion’

B)Clause (1) of Article 25 of the Constitution of India shall be substituted by the following :-
                                ‘  (1) Subject to public order, morality and health and to the other provisions of this                                          Part, every citizen is entitled to freedom of conscience and the right freely to profess, practise, propagate and protect his or her religion.’
                    ………………………………………………………………………………………………………………………………………………………
                      After the proposed amendment, Article 25 shall appear as under:-
        
         25.   Freedom of conscience and free profession, practice, propagation and protection of religion
                  (1)   Subject to public order, morality and health and to the other provisions of this part, every citizen is entitled to freedom of conscience and the right freely to profess, practise, propagate and protect his or her religion.
…………………………………………………………………X…………………..X……………………X………………………………………………
                   

                                      

                                                   Constitution of India
                                                   Fundamental Rights
                                           Cultural and Educational Rights

   30.    Rights of minorities to establish and administer educational institutions
   
1)All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
                 1A) …………….
2)The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
………………………………………………………………………………………………………….
                             Proposed amendment to Article 30

Article 30 of the Constitution of India shall be amended in the following manner:-   
A)In clause 1) thereof, after the words ‘religion or language’, the words ‘or caste or sub-caste’ shall be added.
B)In clause 2) thereof, after the words ‘religion or language’, the words ‘or caste or sub-caste’ shall be added.
C)After clause 2) thereof, the following explanation shall be added :-
                                 ‘Explanation :- For the purpose of this Article, the term or expression        ‘minority’ shall include any caste or sub-caste within the Hindu religion which is in a minority vis- à-vis the Hindu religion as a whole.’
                    …………………………………………………………………………………………………………..

                         After the proposed amendment, Article 30 shall appear as under:-

30.     Rights of minorities to establish and administer educational institutions
1)All minorities, whether based on religion or language or caste or sub-caste, shall have the right to establish and administer educational institutions of their choice.
         1A)  ………………                                                                                                                                                                                                   
2)The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language or caste or sub-caste.  

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