A PIL has been filed in the Supreme Court against certain sections of the Right to Education Act-2009 being “arbitrary and irrational” and seeking to introduce a common curriculum and curriculum for children across the country. The petition, filed by advocate Ashwini Upadhyay, contends that Sections 1(4) and 1(5) of the RTE Act are the biggest hurdle in interpreting the Constitution and the absence of a common curriculum in the mother tongue promotes ignorance.
The PIL states that it is the duty of the union to implement a common education system but it has failed to fulfill this essential obligation as it has adopted the pre-existing National Curriculum Framework (NCF) since 2005. The center has 1 included. (4) and 1(5) Denial of academic excellence to madrasas, Vedic pathshalas and educational institutions imparting religious education.
The petitioner contends that S.1(4) and 1(5) not only violate Article 14, 15, 16, 21, 21A, but also Article 38, 39 and 46 and contrary to the Preamble, advocate Ashwini Kumar Dubey The petition, filed through PTI, states that the prevailing system does not provide equal opportunities to all children as the curriculum and curriculum differ for each section of the society.
“It is necessary to state that the purposeful and harmonious construction of Articles 14, 15, 16, 21, 21A with Article 38, 39, 46 reaffirms that education is the fundamental right of every child and that the State is responsible for this most important right. cannot discriminate against. ,
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The right of the child should not be limited to free education but should be extended to receive equal quality education without discrimination on the basis of social, economic and cultural background of the child. Therefore, the Court can declare Sections 1(4) and 1(5) to be arbitrary, irrational and violative of Articles 14, 15, 16, and 21 and require the Center to apply the Normal Curriculum and the Ordinary Curriculum to the students of classes I-VIII. can direct. All over the country,” the petition said.
The petition said that a common minimum education program for children up to 14 years of age would achieve a code of common culture, removal of inequality and reduction of discriminatory values in human relations.
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