Schools can’t give religious instructions of one
particular religion, rules Kerala HC
The High Court said the private school, which requires
recognition, can give religious instruction or study based on religious
pluralism after it has received such permission from the government.
Hindustan Times| Thiruvananthapuram | Jan 24, 2020
The Kerala High Court on Friday said that schools
functioning under the right to education act can’t impart exclusive religious
instructions using religious materials of a particular community bypassing
other religions.
The single bench of Justice Muhammad Mushtaq made the
observation while upholding the state’s decision to shut down a school that
provided exclusive religious instructions and admitted children only from a
particular community. A private unaided school, Hidaya Educational Charitable
Trust of Thiruvananthpauram, had moved the court against the closure last year.
The court said a school that imparts religious lessons of
only a particular community and bars children from other religion poses a
serious threat to the secular fabric of the society.
The school in question didn’t have any government
recognition or CBSE affiliation and was imparting religious instructions to at
least 200 students, all Muslims. The state government acted on an intelligence
report and ordered the closure of the school. The school contended that since
it was not receiving any government aid or support, it was entitled to follow
its own curriculum.
The High Court said the private school, which requires
recognition, can give religious instruction or study based on religious
pluralism after it has received such permission from the government.
“A private body that discharges public functions must
adhere to constitutional values in regard to the discharge of public functions.
It cannot adopt any character contrary or repugnant to constitutional morality
or value. Individual freedom available to a private body to promote its own
belief or faith is not available to a private body when it discharges public
function. It is bound by public morality conceived in the Constitution,” the
court said.
The court added that there was a difference between
religious instruction and religious study and added that while the latter was
allowed in educational institutions as per the Indian Constitution, exclusive
religious instructions were not permitted.
Source : Source : https://www.hindustantimes.com/
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