Contestation for Christian Minority Rights in Tamilnadu During 1970-75: The Contributions of Bro.Thomas SHJ

Abstract

Minority right in political field was given through making separate electorates which religious minorities enjoyed during the British India Parliament elections in the early decades of 20th century and later surrendered it when the Republic constitution came into force in independent India. In the post colonial situations, the religious minorities were denied of their rights guaranteed in the constitution. In the literal and functional aspects of the provisions this right cannot be waived by anybody since it has been given to the community in perpetual. Unfortunately the problem of rejection or negligence of the law by the state happened in the early 1970’s. The Christian educational institutions who were managing several institutions were surprisingly informed to manage without government’s financial aid. The institutions reacted accordingly by forming a consortium of educational institutions mainly with the affected to negate the Tamilnadu government’s decision through courts. Interestingly the association appointed a religious brother who belonged to Society of the Sacred Heart of Jesus congregation located at Palayamkottai. The Brother himself was administration a higher secondary school at a village called Patthiyavaram in Vellore region. The case filed by the consortium had faced failure in the Madras High court and appeal was made in Supreme Court. Finally the constitutional right of the Christian minorities was upheld by the Supreme Court verdict on this case. Thereafter Tamilnadu government had passed bills on this regard and it became an Act (1973) and Rules (1974) binding all private educational institutions in the state.