Section 4 of The Banaras Hindu University Act, 1915
1[4. University open to all classes, castes and creeds.--The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except in respect of any particular benefaction accepted by the University, where such test is made a condition thereof by any testamentary, or other instrument creating such benefaction: Provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the Ordinances 2[to those who, or, in the case of minors, whose parents or guardians have given their consent thereto in writing].]
Summary
- The University is legally open to people of either sex and of any race, creed, caste, or class.
- The University cannot force anyone to take a test of religious belief to be admitted as a student, hired as a teacher, or to hold an office.
- A religious test can only be applied if it is required by the conditions of a specific benefaction, like a donation or will accepted by the University.
- Religious instruction is allowed at the University, but only in the manner prescribed by the Ordinances.
- To receive religious instruction, an adult student must give their consent in writing.
- If the student is a minor, their parent or guardian must give consent in writing for them to receive religious instruction.
Practical examples
FAQ
1. Can the University deny admission to someone based on their caste or gender?
No, the University is legally open to persons of either sex and of whatever race, creed, caste, or class.
2. Are religious tests completely banned in all situations?
They are generally banned, except in cases where a donor gave money to the University with a specific religious condition attached to their gift.
3. Can the University force students to take religious classes?
No, students must give their written consent to receive religious instruction.
4. What happens if a student is a minor and wants to take a religious class?
For minors, a parent or guardian must provide the written consent.
Test yourself
Q1.Under Section 4 of The Banaras Hindu University Act, 1915, in what situation is the University allowed to impose a religious test on a person?
Q2.Under Section 4 of The Banaras Hindu University Act, 1915, what is the requirement for an adult student to receive religious instruction?
Q3.Under Section 4 of The Banaras Hindu University Act, 1915, who must provide written consent for a minor student to receive religious instruction?
Q4.Section 4 of The Banaras Hindu University Act, 1915 states that religious instruction must be given in the manner prescribed by the Ordinances. Based on the definitions in Section 2, what does this rule require the University to follow?