Assam's two new laws seen targeting minority educational institutions

Two pieces of legislations passed by the Assembly in BJP-ruled Assam have triggered concerns that they aim to put curbs on educational institutions run by minorities. The government, however, denies the charge.

The Assam Private University (Amendment) Bill and The Assam Coaching Institute (Control and Regulation) Bill, passed on March 24-25, have religious conversion on their radar.

The first bill prohibits religious conversion in private universities. Further, universities are barred from engaging in any activity related to converting students, faculty or staff to another religion. The second bill imposes similar restrictions on coaching institutes.

The twin laws have raised alarm over their potential infringement on minority rights enshrined in the Constitution.

Minority institutions

Article 30 of the Constitution grants religious and linguistic minorities the right to establish and administer educational institutions.

The National Commission for Minority Educational Institutions Act further safeguards these rights, ensuring autonomy for minority-run institutions.

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Critics say the mandate to maintain a "secular character" in private universities is particularly contentious as secularism in India implies neutrality among religions. For minority-run institutions, their identity is often intertwined with religious instruction and practices.

Legal experts argue that forcing such institutions to adhere to a strict secular mandate may violate their constitutional rights.

Politics behind bills

Similarly, the prohibition on conversion remains vague. If interpreted as a ban on forced conversions, it aligns with Supreme Court rulings that minority institutions cannot coerce students into religious participation.

However, if it extends to any religious teaching or propagation, it could restrict these institutions from offering theology courses or practising their faith-based education models.

With elections looming, the timing of these bills has fuelled speculation about the BJP government’s political motives.

Assam has a significant Muslim population (over 34 per cent) and a sizable Christian community, particularly in tribal areas. Many believe these laws disproportionately target institutions run by Christians and Muslims, both of whom play a major role in Assam’s private education sector.

Fears among minorities

“This is a deliberate move to control institutions run by missionaries,” said Allen Brooks, spokesperson of the Assam Christian Forum (ACF). “The government is branding religious education as a security threat.”

Muslim community leaders share similar concerns, particularly regarding the security clearance requirements, which they fear could be used selectively to shut down minority-run coaching centres and universities.

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Opposition parties have denounced the laws, raising concerns that the government will use them to curb religious institutions ahead of the elections.

Government defends itself

AIUDF MLA Aminul Islam expressed fears that institutions such as Don Bosco University and the University of Science and Technology Meghalaya (USTM) could be unfairly targeted.

Assam Education Minister Ranoj Pegu defended the bills, stating that they aim to maintain secularism in education and prevent coercive religious conversions.

“This is not about targeting any community,” Pegu asserted. “We are simply ensuring that educational institutions function as academic spaces, not as centres for religious conversion.”

However, former vice-chancellor of Dibrugarh University and current chairman of the Royal Global University, Alak Kumar Buragohain, questioned the rationale behind the law. “In which part of the world has religious conversion taken place in universities? I have never heard of it,” he said.

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Legal battle looms

Legal experts suggest that these laws may face judicial scrutiny.

The Supreme Court has ruled that while the state can impose reasonable curbs on minority institutions for the sake of educational standards, it cannot destroy their minority character.

The provisions of the Assam bills, critics argue, exceed reasonable limits by potentially dismantling the religious and cultural identity of minority-run institutions.

The uniform application of these laws to all private universities, without special provisions for minority institutions, could be seen as overreach, violating Article 30 of the Indian constitution. If challenged, the case may set a crucial precedent for the balance between state regulation and minority rights in India’s educational sector.