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Synopsis

The Delhi High Court on Friday issued notice to the National Council of Educational Research and Training, and the National Commission for Protection of Child Rights in a plea seeking direction to mandatorily incorporate Yoga and Health Sciences in school curriculums up to 8th standard. 

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has allowed the Central Government 6 weeks time to file its response in the matter.

The bench was hearing a plea filed by Advocate Ashwini Kumar Upadhyay stated that the direction has been sought for an overall development of the children as well as enhancing their knowledge, potentiality and talent; and development of their physical & mental abilities to the fullest extent in spirt of S. 29 of the RTE Act 2009.

It stated, "Right to health guaranteed under Article 21 includes prevention, protection & improvement of health and is a minimum requirement to enable children to live with dignity. So, State has not only a constitutional obligation to provide "Health and Yoga Education" to children but also to ensure the creation and sustaining of conditions congenial to good health."

It was further submitted that the right to health guaranteed under Article 21 cannot be secured without making 'Health and Yoga Science' a mandatory part of curriculum up to 8 Standard in spirit of S. 29 of the RTE Act read with Articles 21, 21A, 39, 47 of the Constitution.

Earlier, Upadhyay had informed the bench that states such as Haryana and Gujarat have fully incorporated Yoga and Health Sciences in their curriculum and are holding regular classes. However, in Delhi classes were not happening on a regular basis and the subject had not been properly incorporated in Delhi schools' curriculum. 

He further pointed to articles by various newspapers such as Times of India and Indian Express reporting the declining state of physical and mental well being in India. 

Cause Title:- Ashwini Kumar Upadhyaya v Union of India