Supreme Court PIL Seeks Regulation Of All Religious Schools For Children Below 14, Says Article 30 Doesn't Protect Religious Instruction
The PIL sought directions to the Centre and States to register and regulate all institutions imparting education or religious instruction to children below 14 years and urged the Supreme Court to declare that Article 30 protected only minority institutions imparting secular or professional education
A PIL filed in the Supreme Court sought regulation of all institutions imparting secular education or religious instruction to children below 14 years and sought a declaration limiting Article 30 protection to secular and professional educational institutions
A Public Interest Litigation (PIL) has been filed before the Supreme Court seeking directions to the Union Government and all States to register, recognise, supervise and monitor every institution imparting secular education or religious instruction to children below the age of 14 years.
The petition, filed under Article 32 of the Constitution by Advocate Ashwini Kumar Upadhyay, also seeks a declaration that Article 30 of the Constitution protects only minority institutions imparting secular or professional education and does not extend to institutions providing religious instruction.
According to the plea, the State has a constitutional obligation under Article 21A, read with Articles 14, 15, 16, 39(f), 45 and 51A(k), to ensure that every institution educating children below 14 years functions within a statutory regulatory framework through registration, recognition and regular supervision.
The petitioner alleged that during visits to several border districts of Uttar Pradesh earlier this year, he found numerous institutions functioning without registration or recognition. The plea further claims that similar institutions have proliferated in border districts across the country, contending that the absence of regulatory oversight adversely affects children's right to quality education and raises concerns regarding their welfare and safety.
The PIL argues that institutions imparting religious instruction should constitutionally fall within the ambit of Article 26, which governs religious and charitable institutions, rather than Article 30, which protects the educational rights of minorities.
It further seeks a declaration that Article 30 is merely a specific reiteration of the right under Article 19(1)(g) to establish educational institutions and does not confer any additional rights or privileges beyond those available to other citizens.
The petitioner has also urged the Court to interpret the phrase "educational institutions of their choice" under Article 30 as referring only to secular or professional educational institutions, contending that institutions primarily imparting religious instruction ought to be governed by Article 26.
Additionally, the PIL questions the absence of a statutory definition of the term "minority" and seeks directions to the Union Government to define the expression and prescribe objective criteria for identifying minority communities. Alternatively, it requests the Supreme Court to frame appropriate guidelines for such identification.
Relying on constitutional provisions, Constituent Assembly Debates and previous Supreme Court judgments, the petition argues that Articles 25 to 28 constitute a complete constitutional code governing religious freedom, while Articles 29 and 30 are intended exclusively to protect the cultural and educational rights of minorities.
In its prayers, the PIL seeks directions to the Centre and States to regulate all institutions imparting education or religious instruction to children below 14 years of age. It also seeks declarations that Article 30 is a reiteration of Article 19(1)(g), that institutions imparting religious instruction fall under Article 26 rather than Articles 19 or 30, and that Article 30 protects only minority institutions imparting secular or professional education.
Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.
Bench: Supreme Court of India (hearing expected)