The Supreme Court on Monday disposed of a writ petition seeking the registration, recognition and regulation of all institutions imparting religious education to children below the age of 14, directing the petitioner to await a decision on the representation already submitted to the Union Ministry of Education.
The Bench of Justice Dipankar Datta and Justice Satish Chandra Sharma briefly heard Advocate Ashwini Kumar Upadhyay, who appeared in person in this matter.
The petitioner contended that thousands of unregistered institutions were allegedly radicalising impressionable children under the guise of religious instruction due to the absence of State supervision. He argued that such institutions posed a threat to internal security, fraternity, unity and national integration, as young children can easily be indoctrinated in the name of religion.
Justice Datta observed that the Court had earlier dealt with a similar petition filed by Upadhyay, wherein it had declined to intervene and instead directed him to submit a representation before the appropriate authority. The Court noted that only three months had passed since the representation was submitted in February.
When Upadhyay urged the Bench to consider the present plea on merits, citing instances where similar petitions had been entertained earlier, Justice Datta declined to do so. The judge observed that justice was not one-way traffic, pointing out that the executive and legislature were equally responsible for upholding it.
Upadhyay then requested that the present petition itself be treated as a representation. However, the Court declined his request, stating that since a representation had already been made, the authorities should first decide it.
The petition also sought a declaration that semi-religious minority and non-minority educational institutions cannot claim protection under Article 30 of the Constitution, arguing that the provision was merely a reiteration of Article 19(1)(g) and did not confer any additional rights.
It further contended that the expression ‘educational institutions of their choice’ under Article 30 referred only to secular or professional institutions, and not to religious educational institutions. According to the plea, institutions imparting religious instruction to promote a particular religion fell within the ambit of Article 26(a) instead.
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