The Supreme Court declined to entertain a public interest litigation (PIL) seeking registration, recognition and State monitoring of institutions imparting secular and/or religious education to children up to 14 years of age.
A Bench of Justice Aravind Kumar and Justice Vipul Pancholi declined to entertain the plea, following which it was asked to withdraw. The plea, filed by BJP leader and advocate Ashwini Kumar Upadhyay, alleged that unregistered semi-religious minority institutions were operating under the protection of Article 30 of the Constitution and “radicalising” children under the guise of religious instruction.
The Bench noted that successive writ petitions could not be filed. Upadhyay then withdrew the plea, with the Court recording his intent to seek remedies before an appropriate forum.
The petition sought a declaration that Article 30, which protects the right of minorities to establish and administer educational institutions, does not extend to institutions primarily imparting religious education.
Upadhyay argued that the expression “educational institutions of their choice” under Article 30 should be confined to secular or professional institutions and that institutions imparting religious instruction should instead be governed by Articles 25 and 26, relating to freedom of religion and management of religious affairs.
The plea also sought State supervision of such institutions, contending that the absence of monitoring could have implications for internal security, fraternity, unity and national integration.
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