38.6c New Delhi, India, Sunday, August 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

"Gurukuls, Vedic Schools should be recognized and considered at par with Madarsas and Missionary Schools"- Adv Ashwini Upadhyay files PIL in SC [READ PETITION]

By LawStreet News Network      25 September, 2021 11:14 AM      0 Comments
Gurukul Vedic Schools Missionary Ashwini Upadhyay

Is the Centre obligated to introduce a Uniform Education Code in harmonious construction of Articles 29-30 with Articles 14, 15, 19? - with this question at hand, renowned Advocate and BJP leader Ashwini Upadhyay has recently filed a Public Interest Litigation in the Supreme Court.

According to the petitioner, Article 29 (Protection of Interest of Minorities) and Article 30 (Right of Minorities to Establish and Administer Educational Institutions) were brought in keeping in view the then situation and after effects of the religious partition in mind. These provisions did not mean to prevent the majority Hindu community from establishing Gurukuls and Vedik Schools of their choice, but only to give the minorities an extra layer of protection in case the State tries to impose a majoritarian viewpoint upon them.

He further states that all citizens should have the right to conserve their language script and culture and the right to establish-administer educational institutions of their choice. Providing this right to minorities alone can hamper the very essence of secularism. 

The plea avers that certificates issued by Madrasas and Missionary Schools are equivalent to those issued by State but not Gurukuls-Vedik Schools. Similarly, Gurukuls and Vedic Schools, who are imparting secular and scientific education are not recognized and considered at par with Madarsas and Missionary Schools. 

At the same time, many states provide funds to Madrasa-Missionary Schools but not to Gurukuls-Vedik Schools and that students of Gurukul and Vedic School are not considered eligible for government jobs but Students of Madrasas and Missionary Schools are eligible due to the separation of religious education. Noting thus, that universal uniform value-based education is still a distant dream in our country, the plea calles for a Uniform Education Code in line with the provisions of Article 14, 15, 16, and 19 of the constitution.

Hindus Jains Sikhs Buddhists Jews Bahais have similar rights to conserve their language, script and culture like Muslims Christians Parsis, and State cannot discriminate and abridge this right.Hindus Jains Buddhists Sikhs Jews Bahais have similar rights to establish and administer educational institution of their choice like Muslims Parsis Christians and State cannot discriminate and abridge this right, it reads.

Other Contentions of the PIL:

The PIL states that although missionary schools assimilate students of all backgrounds/communities but they mix secular scientific education with their religious education. Despite this, they are recognized and funded by Centre/State Governments. On the other hand, Gurukuls-Vedic Schools, who are also imparting secular scientific education are not granted recognition similar to that of Madaras-missionary schools.

Our Constitution has been misinterpreted to deprive majority community of their cultural and educational rights when compared to their minority counterparts. The sad state of affairs is that while right to education is now a fundamental right under Article 21A, universal education is still a distant dream, it reads.

The plea further adds, Our social settings have not developed to the point where universal and uniform value-based education can be ensured for all children in spirit of Articles 21A read with Articles 14, 15, 16, 19. The secondary school dropout rate still stands 17% and as per latest Unified District Information System for Education (UDISE), nearly 30% students dont transit from secondary to senior secondary. The Centre and States have failed in achieving universal uniform education. So, when autonomy and rights are given to majority community to establish and administer Gurukuls and Vedic schools of their choice, they can help in solving this problem with their resources. Majority Community appeal to larger population of Indian diaspora and with the correct resources, State can ensure education for all.

In support of the claims, the petitioner quotes Pandit Thakur Das Bhargava who (while moving an amendment to change clause 2 of Article 23) had said, Now, Sir, it so happens that the words "no) minority" seek to differentiate the minority from the majority, whereas you would be pleased to see that in the Chapter the words of the heading are "cultural and educational rights", so that minority rights as such should not find any place under this section.

The PIL also notes Dr. Ambedkars explanation of the implications of using the term minority in his speech which read as - The word is used not merely to indicate the minority in the technical sense of the word, it is also used to cover minorities which are not minorities in the technical sense, but which are nonetheless minorities in the cultural and linguistic sense. For instance, for the purposes of this article 23, if a certain number of people from Madras came and settled in Bombay for certain purposes, they would be, although not a minority in the technical sense, cultural minorities.

Lastly, to support the stated contentions, the plea adaws a nexus between the concept of minority in Europe and the United Kingdom as opposed to that in India. It also takes reliance on the landmark TMA Pai case, and other pertinent precedents to aver that the Supreme Court is entitled to evolve the New Principles of Liability to make the guaranteed remedy to enforce fundamental rights real and effectively and that the power conferred by Article 32 of the Constitution of India is wide and must be used to forge new tools and device new remedies.

Prayers of the PIL:

While demanding for a Uniform Education Code in line with the constitutional provisions, the PIL sought direction to declare that Hindus Jains Sikhs Buddhists Jews and Bahais have similar rights to conserve their language, script and culture, and to establish-administer educational institution of their choice like Muslims Christians and Parsis.

It also prayed that the Apex Court shall direct the Centre to recognize Gurukuls and Vedik Schools at par with Madarsas and Missionary Schools and implement Uniform Education Code for them in spirit of Articles 29-30 read with Articles 14, 15, 19; and pass such other order(s) as deemed fit.

The  PIL was filed at the Supreme Court on September 24, 2021 and is currently pending for decision.

 

[READ PETITION]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

words-spreads-faster-than-winds-sc-relies-on-testimony-of-neighbour-acquits-woman-in-dowry-harassment-case
Trending Judiciary
'Words spreads faster than winds,' SC relies on testimony of neighbour; acquits woman in dowry harassment case [Read Judgment]

SC acquits woman in dowry case, citing neighbour’s testimony: “Word spreads faster than wind” — conviction under Section 498A set aside.

30 August, 2025 05:54 PM
sc-refuses-to-entertain-plea-against-use-of-temples-land-funds-for-building-college-in-chennai
Trending Judiciary
SC refuses to entertain plea against use of temples' land, funds for building college in Chennai

SC refuses plea against use of Chennai temples’ land, ₹25 cr funds for building college, says using temple assets for education not improper.

30 August, 2025 06:01 PM

TOP STORIES

sc-restores-mandatory-20-percent-deposit-for-suspension-of-sentence-in-cheque-bounce-case
Trending Judiciary
SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

25 August, 2025 12:35 PM
18-former-judges-write-to-union-home-minister-amit-shah-criticizing-his-remarks-on-justice-b-sudershan-reddy
Trending Judiciary
18 Former Judges write to Union Home Minister Amit Shah, criticizing his remarks on Justice B Sudershan Reddy

18 ex-judges write to Union HM Amit Shah, criticizing his remarks on Justice B Sudershan Reddy, stressing judicial independence and dignity.

25 August, 2025 03:09 PM
sc-stays-investigation-into-firs-against-csds-co-director-sanjay-kumar
Trending Judiciary
SC stays investigation into FIRs against CSDS co director Sanjay Kumar

SC stays probe into FIRs against CSDS co-director Sanjay Kumar over Maharashtra polling data post; says multiple cases show harassment motive.

25 August, 2025 03:14 PM
influencers-indulging-in-commercial-speech-cant-claim-fundamental-right-sc
Trending CelebStreet
Influencers indulging in commercial speech can't claim fundamental right: SC

SC: Influencers making commercial speech can’t claim fundamental rights; must apologize and act responsibly towards community sensitivities.

25 August, 2025 04:18 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email