{"id":9455,"date":"2020-01-30T05:35:07","date_gmt":"2020-01-30T05:35:07","guid":{"rendered":"http:\/\/www.wakilsahab.in\/news\/?p=9455"},"modified":"2020-01-30T05:35:07","modified_gmt":"2020-01-30T05:35:07","slug":"schools-which-require-recognition-under-rte-act-cant-teach-one-religion-exclusively-rules-kerala-high-court","status":"publish","type":"post","link":"https:\/\/www.wakilsahab.in\/news\/schools-which-require-recognition-under-rte-act-cant-teach-one-religion-exclusively-rules-kerala-high-court\/","title":{"rendered":"Schools Which Require Recognition Under RTE Act Can\u2019t Teach One Religion Exclusively, Rules Kerala High Court."},"content":{"rendered":"\n

Source:- swarajyamag.com<\/p>\n\n\n\n

\"Kerala<\/figure>\n\n\n\n

The Kerala High Court \nhas ruled that minority institutions cannot promote religion in the garb\n of the right to establish educational institutions and cultural rights,\n especially with relation to the Right to Education Act (RTE) 2009.<\/p>\n\n\n\n

Another\n significant feature of the ruling by the High Court Judge Justice A \nMuhamed Mustaque is that giving preference to one religion over the \nother, especially under the RTE, strikes at the very root of fundamental\n values of the Constitution or secularism.<\/p>\n\n\n\n

\u201cNo school, which is required to have recognition under the Right to Education Act (RTE) Act, is entitled to impart religious instruction or religious study of one religion exclusively in preference to other religion,\u201d Justice Mustaque has been quoted as saying.<\/p>\n\n\n\n

Upholding\n the Kerala government closure order of a school run by the Hidaya \nEducational and Charitable Trust, the judge ruled that minority \ninstitutions cannot be promoting religious-based education in the garb \nof cultural rights and right to establish educational institutions.<\/p>\n\n\n\n

The\n case of Hidaya Educational and Charitable Trust, in its petition, was \nthat it was ordered to close its school, which was against the \nfundamental right to education.<\/p>\n\n\n\n

The director of education (DoE) \nargued that the school had functioned without government recognition and\n admitted 200 students, all adherents to Islam.<\/p>\n\n\n\n

The DoE contended \nthat admission was given exclusively to one particular community and the\n children were imparted education \u201cwithin the boundaries of Islamic \nShariah\u201d.<\/p>\n\n\n\n

\u201cAn attempt is made to promote the individual identity \nof the pupil based on Islamic Shariah, which can be possible only by \nimparting religious instruction,\u201d the DoE argued.<\/p>\n\n\n\n

Under Article 28\n (1) of the Constitution, there is an embargo on educational \ninstitutions, functioning on state funds to impart religious \ninstruction.<\/p>\n\n\n\n

The Department further said that religious \ninstruction of one religion cannot be given to the exclusion of other \nreligions and there are no such provisions in the Constitution.<\/p>\n\n\n\n

Stating\n that secularism is against the very idea of \u2018exclusivism of one \nreligion over the other\u2019, Justice Mustaque said in India, secularism \nmeant religious neutrality and equal treatment of all religions.<\/p>\n\n\n\n

In\n a multi-religious and multi-cultural society, students need an \neducational system that equips them to acknowledge and accept diversity \nin society, the judge said, adding that education must help a student to\n view the world with an open mind.<\/p>\n\n\n\n

The crux of Justice Mustaque\u2019s \nruling is that a private body such as a minority religious institution \ndischarging public functions must adhere to constitutional values.<\/p>\n\n\n\n

An\n educational institution getting recognition from the State government \nunder the RTE 2009 was for imparting secular education. The High Court \nsaid the State cannot grant recognition to schools that cannot promote \nthe true visions of the Constitution.<\/p>\n\n\n\n

Secular activities cannot be\n mixed with religious activities, the judge said and pointed out that if\n values based on religious instruction had to be inculcated, then it \nmust be available to all based on religious pluralism.<\/p>\n\n\n\n

Upholding \nthe State\u2019s power to regulate the curriculum, the court said the \nexclusive promotion of a particular religion by private educational \ninstitutions defies the secular character of the constitution.<\/p>\n\n\n\n

The\n judge also said protection of cultural rights under Article 29 and the \nright to establish and administer educational institutions under Article\n 30 cannot override the basic tenets of the Constitution.<\/p>\n\n\n\n

Stating \nthat the status of minority institution in imparting elementary \neducation could be related to the function of a State, Justice Mustaque \nsaid if minority institutions are given a free hand to promote religion,\n then it would lead to denial of admissions to such schools based on \nreligion.<\/p>\n\n\n\n

Making it clear that he was not denouncing value \neducation based on religious instruction, the judge said it was only \nconsidering a State function discharged by an elementary school.<\/p>\n\n\n\n

The ruling said private schools can impart religious instruction after obtaining permission from the State government.<\/p>\n\n\n\n

However,\n in the case of Hidaya Educational and Charitable Trust, the court said \nimparting religious instruction exclusively following Islamic religion \ncannot be permitted as it offended the fabric of the society.<\/p>\n\n\n\n

Justice\n Mustaque also ordered the secretary of the Kerala General Education \nDepartment to issue a government order directing all recognised private \nschools to desist from imparting religious instruction or religious \nstudy without permission from the government.<\/p>\n

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