Discrimination arguments against the Ministry of Education that imposes an ethnicity to pupil Imagine the fictional Republic of Tratatoria is ethnically composed from Barmaliens, Turariens and Gluzariens. The Minister of Education of the Republic of Tratatoria considers himself as Gluzarien. He decides to rename the history object in the schoolbooks from &quot;History of Tratatoria&quot; to &quot;History of Gluzariens&quot;. The Ministry translates the books in all ethnic languages. What legal/international law arguments/precedents could be used to demonstrate that the Ministry is discriminating its own citizens? Real Case (Moldova) Please see here
If Tratatoria has anti-discrimination laws, or provisions in its constitution forbidding discrimination, the Minister's actions might be illegal under them. But if it does not, or if it does not enforce whatever laws it may have, there is no international authority that can enforce any rule against discrimination. People and groups in other countries could denounce such actions as biased and discriminatory, if they chose. There is no legal standard for such announcements. This might bring pressure on Tratatoria. But that would be a diplomatic and political matter, not a legal one. There really is no effective international law on discrimination unless it amounts to genocide, and even then it is essentially a matter of diplomatic pressure or potentially war to enforce regime change, not a true legal process.
This is known as the &quot;ministerial exception&quot;, which protects the rights guaranteed under the First Amendment, which include the right of religious groups to determine who is and is not a member of their clergy, and emerges from the case-law of the US Supreme Court. The most recent leading case on this is Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 565 U.S. 171 (2012); as Chief Justice Roberts put it in that case: the Establishment Clause prevents the Government from appointing ministers, and the Free Exercise Clause prevents it from interfering with the freedom of religious groups to select their own
Education in India falls under the concurrent list -- i.e. both state and union laws apply. However, there do not appear to be any codified "student rights". The relevant national body for "technical education" is the AICTE, which does have a mechanism for grievance redressal, this is often used as the primary source of complaints against ragging. You can submit a grievance here. The 2004 Guidelines for Grievance Processes require a sub-30-day resolution of complaints. In fact, all accredited technical institutions in India are required to have a local Grievance Redressal Cell and Ombudsman as per this 2012 notification. Finally, you could contact AICTE directly Students may also file grievances at the UGC (University Grants Commission). The UGC is a statutory body in charge of "coordination, determination and maintenance of standards of higher education". In 1987, they released "Guidelines for Student Entitlement". See sections 2.5, 2.6 regarding fairness in evaluation and section 5 which deals with discriminatory treatment. At a state-level, you could try Rajasthan Sampark, which only applies to government institutions. As others have stated, you need to ensure that you have documented and clear proof to support your accusation, and that you should not back down in fear of reprisal. The process of collecting evidence may help you determine if you truly have a valid complaint, or are perceiving bias that does not exist. To the best of my knowledge, in answer to your second question, no, Indian jurisprudence does not have a similar concept of student rights as the United States and some of Europe. While reading the links for the other answers and searching for policies for this post, the one thing that becomes clear is a worrying lack of depth in policies and transparently available policies and data. If you choose to take this forward, I hope that you will document and publish your efforts.
From Lumen Introduction to Sociology: Many governments provide legal definitions of race for purposes of census-taking and calculating budgets for governmental programs such as those that promote equal opportunity employment. For instance, in the U.S. Federal Office of Management and Budget (OMB) and the U.S. Census Bureau currently uses race and ethnicity as self-identification data items. In this system, the residents choose the race or races with which they most closely identify and indicate what their ethnic origin is (e.g., Latino). The racial categories represent a social-political construct for the race or races that respondents consider themselves to be. OMB defines the concept of race as outlined for the U.S. census as not “scientific or anthropological” and takes into account “social and cultural characteristics as well as ancestry”, using “appropriate scientific methodologies” that are not “primarily biological or genetic in reference. ” The race categories include both racial and national-origin groups. Governmental Use of Racial Categories This image illustrates U.S. real median household income per year by race and ethnicity from 1967 to 2008, as compiled by the U.S. Census Bureau. Race and Law Enforcement In an attempt to provide general descriptions that may facilitate the job of law enforcement officers seeking to apprehend suspects, the FBI employs the term “race” to summarize the general appearance (skin color, hair texture, eye shape, and other such easily noticed characteristics) of individuals whom they are attempting to apprehend. From the perspective of law enforcement officers, it is generally more important to arrive at a description that will readily suggest the general appearance of an individual than to make a scientifically valid categorization by DNA or other such means. Thus, in addition to assigning a wanted individual to a racial category, such a description will include: height, weight, eye color, scars, and other distinguishing characteristics. British Police use a classification based on the ethnic background of British society, for example W1 (White-British), M1 (White and black Caribbean), and A1 (Asian-Indian). Some of the characteristics that constitute these groupings are biological and some are learned (cultural or linguistic) traits that are easy to notice. In many countries, such as France, the state is legally banned from maintaining data based on race, so the police issue wanted notices to the public that include labels like “dark skin complexion. ”
The Equality Act (2010) lists the following protected classes (emphasis mine): age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation. It is unlawful for businesses to discriminate against anyone, in the goods or services (or physical access) that they offer, based on any of those characteristics. Some disabilities may prevent people from wearing masks, and those people cannot be discriminated against. I couldn't find a source in the law that says this explicitly, but according to the Equality and Human Rights Commission there is no legal requirement for people who have disabilities to be able to prove that they are disabled in order to receive accommodations for their disabilities. While you could, theoretically, ask people to prove that they have a disability if you don't believe them, you'd basically just be setting yourself up to have to pay a bunch of money in compensation when you eventually run in to somebody who actually does have such a disability, and doesn't have proof with them, who then takes you to court for discrimination and wins.
It is not clear to me how you &quot;use&quot; a mythological entity, and I take no position as to the divine consequences of any unauthorized uses, but you are entitled to incorporate then in your own intellectual creations for two reasons. First, any imaginable copyright on original texts (e.g. the Bhagavad Gita) has long since expired. Not all texts are of such certifiably ancient provenance, so there may be contemporary texts created by a practitioner of Ásatrúarfélagið which is protected. Second, names (Amitāyus, Zaraθuštra, Ngai) are not protected by copyright, so you can use names.
The first thing to note is that your question is kind of the wrong way around. US states are sovereign and generally have the ability to make any kind of laws they want, unless they violate some specific tenet of federal law or the US Constitution. You suggest, for instance, that arguments which are "culturally founded" have no place in the law, but that's just your opinion, and there isn't generally anything preventing a state from making law based on such things, should its elected legislature see fit to do so. (Indeed, one could argue that nearly all laws are in some sense "culturally founded", since they are based on some notion of what kind of behavior is or is not appropriate, and those tend to be culturally based.) So legally speaking, the states aren't, by default, obligated to give any sort of justification for the laws they made. The burden of proof is on the other side. Someone seeking to overturn those laws would have to convince a court that the laws violated some specific provision of the Constitution (or another superior law). If they couldn't convince a court of this, the law would stand. From what I have read, before the US Supreme Court's 2015 legalization of same-sex marriage in Obergefell v. Hodges, the previous precedent was set in 1971 by the Minnesota Supreme Court in Baker v. Nelson. The decision itself is quite short and is worthwhile to read. Quoting Wikipedia's summary, the plaintiffs claimed that Minnesota's restriction of marriage to opposite-sex couples violated several provisions of the US Constitution: First Amendment (freedom of speech and of association), Eighth Amendment (cruel and unusual punishment), Ninth Amendment (unenumerated right to privacy), and Fourteenth Amendment (fundamental right to marry under the Due Process Clause and sex discrimination contrary to the Equal Protection Clause). The Minnesota court determined that none of the plaintiffs' objections were valid. Again, I'll refer you to the decision for the details, but the court mainly focused on their Fourteenth Amendment arguments (the others may have been addressed by the trial court, whose opinion I can't find online). They wrote: The equal protection clause of the Fourteenth Amendment, like the due process clause, is not offended by the state's classification of persons authorized to marry. There is no irrational or invidious discrimination. They specifically rejected any analogy to bans on interracial marriage, which had been held unconstitutional in Loving v. Virginia: But in commonsense and in a constitutional sense, there is a clear distinction between a marital restriction based merely upon race and one based upon the fundamental difference in sex. Baker appealed to the US Supreme Court, but his appeal was dismissed "for want of a substantial federal question," without any further explanation. (Nobody quite seems to understand what they meant by that, but here is an essay discussing the situation in a little more depth.) The effect of the dismissal was that the Minnesota court's decision became binding precedent upon the whole nation - laws against same-sex marriage didn't violate those provisions of the Constitution. And that was how matters stood for 44 years until Obergefell. (Of course, there was nothing to stop individual states from deciding to allow same-sex marriage, and some in fact did so in the meantime.) You have suggested that laws against same-sex marriage were religiously motivated. This might suggest an argument that they would violate the Establishment Clause of the First Amendment. The plaintiffs in Baker didn't raise that point, so it wasn't considered in the Minnesota court's opinion. I don't know whether any other courts have considered it; no such argument was mentioned in the opinion in Obergefell.
There are two models for citizenship, by location of birth and by the nationality of the parent. The US chiefly follows the first model, which is why only your grandma's father is American, and your grandma is not. By the same logic, you are not. Countries like Spain are far more lenient, and do allow you to request Spanish citizenship if you can show any of your direct ancestors are Spanish. That's possible because each country can make its own laws within reason. The international norm is that everybody should get at least a citizenship at birth; statelessness should not happen.