SC asks govt to consider if religious instruction schools are charitable bodies
The Supreme Court has referred to the Union government the question of whether schools imparting religious instruction should be classified under constitutional provisions for charitable or religious establishments, rather than as 'secular or professional' educational institutions. A petition by advocate Ashwini Kumar Upadhyay sought a declaration that institutions promoting any religion fall under Article 26(a) (freedom of religion rights) and not Article 19(1)(g) (right to profession) or Article 30(1) (minority educational institutions). The petition argues that religious instruction schools should be subject to public order, health, and morality restrictions, raising concerns about potential brainwashing of children in unregistered institutions, emphasizing national security and child safety.
Key Points
- The Supreme Court has asked the government to consider classifying schools imparting religious instruction under 'freedom of religion' rights.
- The petition seeks to categorize these schools under Article 26(a) rather than Article 19(1)(g) or Article 30(1).
- The petitioner argues that religious instruction schools should be subject to restrictions based on public order, health, and morality.
- Concerns were raised about the potential for brainwashing and manipulation of children in unregistered religious institutions.
- The petition emphasizes national security and the safety and security of children as paramount.
Exam Facts
- The Supreme Court Bench was headed by Justice Dipankar Datta.
- The petition was filed by advocate Ashwini Kumar Upadhyay.
- Key constitutional articles mentioned are Article 26(a), Article 19(1)(g), and Article 30(1).
- Article 26(a) relates to the right of religious denominations to establish and maintain institutions for religious and charitable purposes.
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