Conscience clause (education)

The conscience clause was an important term in education in England throughout much of the 19th century. In this context, it referred to permitting parents of schoolchildren to withdraw them from Church of England worship services or other school activities that violated the parents' religious principles.

This article is about the conscience clause in 19th-century education. For legal conscience clauses relating to certain types of medicine, see Conscience clause (medical) and Conscientious objection to abortion.

Overview

The conscience clause is part of the Elementary Education Act of 1870, which established the neutrality and indifference of the state regarding religious instruction.[1] It was introduced and applied to all State-aided schools to protect the religious liberties of minorities, who were viewed as religious dissidents.[2] The law, which was not applicable to Scotland and Ireland stated that "no religious catechism or religious formularity which is distinctive of any particular denomination shall be taught in the school."[3] The conscience clause did not exempt students from Saturday classes or any other day when their religious creed require attendance.[4] d and that it is composed of diverse interests and influences so it is not bound by the principles of the Church.[5]

Objections to the introduction of the "conscience clause" included those made by the Church of Missionary Society, a section of the Church of England, arguing that this rule will force them to close their schools.[6] Critics refer to it as a "secular intrusion", claiming that it turns education into mere instruction.[5]

Usage

In Scotland, a similar law was passed in 1872.[3] The inclusion of the conscientious clause was a result of a series of public discussions that resulted in the adoption of Bible instruction in primary education while respecting the conscientious objections of parents and guardians.[7]

Similar policy was adopted in some British colonies such as the Leeward Islands, which introduced its own Education Act in 1890. This law reinforced governmental participation in governance of schools that receive public funding but also allowed learners invoking the conscience clause without suffering discrimination in their lessons.[8]

In India, the term became the subject of debate in 1882 after it was raised by a Commission led by K.T. Telang, which recommended that private schools that receive grants from the government adopt it.[9] It was only on 1904 when the conscientious clause was first applied in Travancore.[9]

Further reading
  • Hubbard, John Gellibrand; Trevor, George (1866). The Conscience Clause in 1866 . London: Joseph Masters.
  • Oakley, John (1866). "The Conscience Clause": its history . London: William Ridgway.
  • Bickersteth, Edward (1867). The conscience clause: a letter to His Grace the Duke of Marlborough . London: Rivingtons.

References
  1. Nayar, Pramod K. (2019). Colonial Education and India 1781-1945. Routledge. pp. Oxon. ISBN 9781351212021.
  2. Vaughan, Herbert (1868). Popular Education in England: the Conscience Clause, the Rating Clause, etc. [Reprinted from the Dublin Review, with additions.] London: Longmans, Green, and Co. p. 31.
  3. Wilson, John P. (2013). The Routledge Encyclopaedia of UK Education, Training and Employment: From the earliest statutes to the present day. Oxon: Routledge. p. 81. ISBN 9780415558228.
  4. Henriques, Henry Straus Quixano (2006). Jewish Marriages and the English Law. Clark, NJ: The Lawbook Exchange, Ltd. p. 215. ISBN 9781584776451.
  5. Connell, W. F. (2002). The Educational Thought and Influence of Matthew Arnold. Oxon: Routledge. p. 47. ISBN 0415178339.
  6. Bereday, George Z. F.; Lauwerys, Joseph A. (2018-10-24). World Yearbook of Education 1966: Church and State in Education. Routledge. ISBN 9781136168628.
  7. Stevenson, John (2012). Fulfilling a Vision: The Contribution of the Church of Scotland to School Education, 1772–1872. Eugene, Oregon: Wipf and Stock Publishers. p. 139. ISBN 978-1-61097-344-1.
  8. Fergus, Howard A. (2003). A History of Education in the British Leeward Islands, 1838-1945. Kingston, Jamaica: University of the West Indies Press. pp. 41–42. ISBN 976-640-131-4.
  9. Chatterjee, N. (2011). The Making of Indian Secularism: Empire, Law and Christianity, 1830-1960. Hampshire: Palgrave Macmillan. pp. 41. ISBN 978-0-230-22005-8.
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