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Brown VS Board Of Education : Segregated Schools For White And Colored Race Are Unconstitutional

Brown Vs. Board of Education was landmark judgment decided in 1954 wherein the US Supreme Court declared segregated schools for white and colored race unconstitutional.

What were facts in Brown Vs Board of Education ?

Several cases had travelled to the Supreme Court seeking aid of court in admitting children of negro race to non-segregated schools. There were separate schools for white children and colored children.   In each case, admission to negro children has been denied to schools under laws requiring or permitting segregation according to race.  Laws providing for segregated School were challenged before the Supreme Court. It was argued before the Supreme Court that segregated public schools are not equal and can not be made equal.

What were findings of the Supreme Court in Brown Vs Board of Education ?

The Supreme Court in this matter overturned the Plessy Vs. Ferguson Judgment delivered in 18 1890 wherein principle of separate but equal principle has been propounded. Under separate but equal principle segregation of facilities on the basis of race was permissible. Plessy Vs. Ferguson was delivered in context of transport facilities, wherein it was held that separate transport facilities for the whites and the black was reasonable and do not violate the equal protection of laws.

The Court observed that to separate negro children from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.

The Court noted that education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

It was noted that segregation of white and colored children has detrimental effect on negro children. The impact is much greater if such segregation has sanction of law. Any such public policy leads to conclusion that negro is an inferior race. Segregation has tendency to retard the mental and educational development of negro children. Segregation deprives the Negro Children of some of benefits which may have been acquired in integrated public schools. The Court also noted that psychological knowledge also supports the cause of integrated public schools.

The Supreme Court concluded that segregation on the basis of race is violative of 14th Amendment. The Supreme Court observed that “separate but equal” has no place in public education. It was also observed that separate educational facilities are inherently unequal.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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