• Source:JND
HighLights
  1. Supreme Court issued a contempt notice to the Union Education Secretary.
  2. Plea seeks monitoring of religious education for children under 14.
  3. The court dispensed with personal appearance and listed the matter after four weeks.

Supreme Court Contempt Petition: The Supreme Court on Tuesday issued a notice in a contempt petition filed by advocate Ashwini Kumar Upadhyay against Union Education Secretary T.K. Anil Kumar. The plea alleges that the Education Secretary failed to comply with an earlier court direction to consider Upadhyay's representation seeking registration and monitoring of institutions providing secular or religious education to children below 14 years of age.

A Bench comprising Justice Dipankar Datta and Justice Sheel Nagu dispensed with the personal appearance of the Education Secretary and directed that the matter be listed after four weeks. The contempt petition claims that no decision was taken on the representation despite the Supreme Court's earlier directions.

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Supreme Court Issues Contempt Notice

The contempt plea concerns Upadhyay's representation seeking registration and monitoring of institutions that provide secular or religious education to children below the age of 14. According to the petition, the representation was not considered despite an earlier direction from the Supreme Court.

The Bench of Justice Dipankar Datta and Justice Sheel Nagu has now issued notice in the contempt matter. However, the Court has dispensed with the personal appearance of the Union Education Secretary.

Plea Seeks Regulation Of Religious Education Institutions

According to Upadhyay's petition, thousands of non-registered institutions are operating without adequate State supervision while providing religious instruction to children. The petitioner has alleged that such institutions could potentially influence or radicalise young children.

The petition argues that the issue has implications for internal security, fraternity, unity and national integration. It also raises concerns about the possibility of children being influenced in the name of religion.

What Does The Petition Say About Article 30?

The petitioner has also sought directions concerning the constitutional rights of minority and non-minority educational institutions. He has argued that semi-religious educational institutions should not fall under Article 30 and that the provision does not confer additional rights beyond Article 19(1)(g).

Upadhyay has further argued that the expression “educational institutions of their choice” under Article 30(a) should refer to secular or professional educational institutions and not religious educational institutions. According to his plea, institutions imparting religious instruction to promote a religion are covered under Article 26(a).

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Matter Listed After Four Weeks

The contempt petition was filed after the petitioner claimed that his representation had not been considered by the Union Education Secretary. The Supreme Court has directed that the matter be listed after four weeks.

The latest proceedings relate to the alleged non-compliance with the earlier direction to consider the representation. The Court has not, at this stage, adjudicated the substantive claims made by the petitioner regarding religious education institutions.

 

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