The Supreme Court on Tuesday issued a notice to education secretary T.K. Anil Kumar for alleged non-compliance with its May 11 order to examine a plea seeking mandatory registration of all institutions imparting both secular and religious education to children below 14.
A bench of Justice Dipankar Datta and Justice Sheel Nagu was hearing a contempt plea filed by advocate Ashwini Kumar Upadhyay, who alleged that the secretary did not take any action on his representation. The bench has sought Kumar’s response within four weeks.
Referring to Article 30, which grants the minority communities the right to run their own educational institutions, Upadhyay also sought a declaration that “education institution of their choice” mentioned in the law means “secular/professional education of their choice”, not the “religious education of their choice”.
The petitioner flagged the proliferation of non-registered and non-recognised institutions in Uttar Pradesh districts such as Gonda, Bahraich, Shravasti, Balrampur, Siddharthnagar and Maharajganj.
“Thousands of unregistered and unregulated institutions are radicalising children under the garb of imparting religious instruction as they are not supervised by the State. It has serious implications not only for internal security but also fraternity, unity and national integration, as one can easily brainwash young children in the name of religion,” he submitted.
The words “of their choice” in Article 30(1) only mean the choice of establishing secular/ professional/ non-religious institutions, but it was being cited to set up semi-religious institutions as well, Upadhyay alleged.
He said State action had become “manifestly arbitrary” because there was no guideline to identify a “minority”.
“The petitioner submits that the unit of minority can be hundred, thousand or lakh but can’t be crore. But, communities with huge populations still claim to be minority under Article 30,” the petition said.
It said the State was obligated to register, recognise, supervise, and monitor all institutions, whether religious or non-religious, which impart secular education or religious instruction to children up to 14 years, in accordance with Article 21-A read with Article 39, 45 and 51A(K).
“If children are brainwashed/ manipulated, the future can be destructive. It is a known fact that young kids are the most susceptible to religious brainwashing and manipulation,” the petitioner said.
