PIL on RTE Act: Why is PIL only for the cause of ‘Minority’ and not ‘Majority’? questions Supreme Court
March 28, 2023
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Organiser
  • ‌
  • Bharat
  • World
  • G20
  • Editorial
  • Analysis
  • Opinion
  • Sports
  • More
    • Defence
    • RSS in News
    • Azadi Ka Amrit Mahotsav
    • My States
    • Vocal4Local
    • Business
    • Special Report
    • Culture
    • Sci & Tech
    • Entertainment
    • Education
    • Books
    • Interviews
    • Travel
    • Health
    • Obituary
SUBSCRIBE
No Result
View All Result
  • ‌
  • Bharat
  • World
  • G20
  • Editorial
  • Analysis
  • Opinion
  • Sports
  • More
    • Defence
    • RSS in News
    • Azadi Ka Amrit Mahotsav
    • My States
    • Vocal4Local
    • Business
    • Special Report
    • Culture
    • Sci & Tech
    • Entertainment
    • Education
    • Books
    • Interviews
    • Travel
    • Health
    • Obituary
No Result
View All Result
Organiser
No Result
View All Result
  • Home
  • Bharat
  • World
  • G20
  • Editorial
  • Opinion
  • Analysis
  • Culture
  • Defence
  • RSS in News
  • My States
  • Vocal4Local
  • Subscribe
Home Bharat

PIL on RTE Act: Why is PIL only for the cause of ‘Minority’ and not ‘Majority’? questions Supreme Court

A bench of Justices KM Joseph and BV Nagarathna said that emphasis cannot be given to minority alone when it comes to issues like right to education

WEB DESK by WEB DESK
Jan 31, 2023, 12:40 pm IST
in Bharat, Delhi
Share on FacebookShare on TwitterTelegramEmail
https://organiser.org/wp-content/uploads/speaker/post-106793.mp3?cb=1675154154.mp3

Supreme Court on January 27 was hearing a Public Interest Litigation (Md Imran Ahmad and Ors. versus Union of India and Ors.) that sought implementation of the Right to Education Act in the educational institutes managed by notified minorities. The petition prayed for the execution of Section 12(1)c of the Right to Education Act, emphasising on the issue of the pre-matric scholarship scheme’s withdrawal for minorities. According to the petitioner, doing so would reduce the financial burden on minorities and encourage them to complete their school education. The Bench was presided over by Justices KM Joseph and BV Nagarathna.

The Right of Children to Free and Compulsory Education Act, 2009, simply referred to as the RTE Act, made education a legal right and the State liable for providing quality education to children. Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 levies a legal obligation on unaided private schools to reserve 25 per cent of their entry-level seats for children belonging to economically weaker sections and disadvantaged groups. Children belonging to Disadvantaged Group include children belonging to Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (non-creamy layer), Children with Special Needs and suffering from a disability, Orphans and Transgenders. However, each state has modified the model guidelines and framed its own set of implementation processes. States including Haryana, Kerala, Karnataka, and Tamil Nadu have specifically included HIV-affected children in this quota in addition to other categories.

According to the petitioner, the impact of non-enforcement would be higher on the members of religious minorities. He argued that he had received a list of only 18 states that admitted children under section 12 (1)(c), in response to his plea under the RTE Act. He submitted that the provision was not enforced across the other states.

The Bench questioned the petitioner as to why he had raised the issue of right to education only for minority communities. “What do you mean by weaker sections? Is there a definition?” the Bench enquired while questioning why the majority community was omitted. It opined that the petitioner had limited the scope of the cause to the minority community. Persons of every community that come from the weaker sections should be able to avail the benefit. The Bench observed that the prayers in the petition concerned religious minorities in all states.

The Bench observed that religion is important only when it is relevant under the law. In other respects, the nation is secular. In all pursuits, the same spirit has to be imbibed on the parts of both the citizens and the State.
The Bench suggested the petitioner’s advocate that he files a fresh plea. It dismissed the petition as withdrawn and allowed the filing of a fresh plea.

The provision aimed to create a more integrated and inclusive schooling system. However, by far, the enforcement experience of Section 12(1)(c) of the Right to Education Act has not been very fruitful. Several states and union territories have not enforced this provision. Moreover, the experiences of the states that execute this provision reflect significant gaps. Its application has also gone through a number of litigations. The provision was initially challenged in the Supreme Court and after April 2012, when the Supreme Court upheld the constitutional validity of the Act through its judgement, section 12 (1)(c) became applicable.

Topics: Supreme CourtRight to EducationPIL on RTE actPIL minority ad majorityJustices KM JosephBV Nagarathnasupreme court on PIL
Share13TweetSendShareSend
Previous News

UAE Hind City: Prime Minister Rashid Al Maktoum renames Al Minhad District as ‘Hind City’

Next News

“We need to build Aatmanirbhar Bharat by 2047,” President Droupadi Murmu addresses joint session in Parliament

Related News

Supreme Court reserves verdict on MK Stalin’s Tamil Nadu Government’s appeal against permitting RSS Route Marches

Supreme Court reserves verdict on MK Stalin’s Tamil Nadu Government’s appeal against permitting RSS Route Marches

Washington Khalistanis protest: SC lawyer files complaint with Delhi Police, seeks revocation of protesters’ passports

Washington Khalistanis protest: SC lawyer files complaint with Delhi Police, seeks revocation of protesters’ passports

Bhopal Gas Tragedy: Supreme Court dismissed Govt of India’s petition seeking additional compensation for the victims

Bhopal Gas Tragedy: Supreme Court dismissed Govt of India’s petition seeking additional compensation for the victims

Supreme Court affirms Allahabad High Court’s 2017 order to remove illegal mosque on the High Court‘s premises

Supreme Court affirms Allahabad High Court’s 2017 order to remove illegal mosque on the High Court‘s premises

SC refuses plea to reserve 50 per cent seats for women in the National Defence Academy; lists it with Kush Kalra case

SC refuses plea to reserve 50 per cent seats for women in the National Defence Academy; lists it with Kush Kalra case

BBC row is an example of suppression of voice, says Congress leader Rahul Gandhi in London talk

BBC row is an example of suppression of voice, says Congress leader Rahul Gandhi in London talk

Comments

The comments posted here/below/in the given space are not on behalf of Organiser. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.

Latest News

Kerala: Custodial torture suspected after man arrested by Thrippunithura police dies; locals accuse police of torture

Kerala: Custodial torture suspected after man arrested by Thrippunithura police dies; locals accuse police of torture

Janajati Manch writes to President to delist persons converted to other faith from receiving benefits meant for tribals

Janajati Manch writes to President to delist persons converted to other faith from receiving benefits meant for tribals

Supreme Court reserves verdict on MK Stalin’s Tamil Nadu Government’s appeal against permitting RSS Route Marches

Supreme Court reserves verdict on MK Stalin’s Tamil Nadu Government’s appeal against permitting RSS Route Marches

Ramcharitmanas: Symbol of Resistance against Colonialism

Ramcharitmanas: Symbol of Resistance against Colonialism

How mindfulness activities can play important role in improving mental health

How mindfulness activities can play important role in improving mental health

Indo-Pacific: Decoding Japanese PM Fumio Kishida’s visit to India

Indo-Pacific: Decoding Japanese PM Fumio Kishida’s visit to India

Historic passing out parade of Navy’s first batch of Agniveers to be held on March 28 — Here’s all you need to know

Historic passing out parade of Navy’s first batch of Agniveers to be held on March 28 — Here’s all you need to know

Hinduphobia in the West: Hatred against Hindus on the rise

Hinduphobia in the West: Hatred against Hindus on the rise

Pakistan: Hindu girl forcefully converted to Islam by kidnapper Amir Nawaz, returned home saying ‘I am a Hindu’

Pakistan: Hindu girl forcefully converted to Islam by kidnapper Amir Nawaz, returned home saying ‘I am a Hindu’

Comedy Circus of ‘World Happiness Report’

Comedy Circus of ‘World Happiness Report’

  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

No Result
View All Result
  • Home
  • Bharat
  • World
  • Editorial
  • Analysis
  • Opinion
  • Defence
  • Culture
  • Sports
  • Business
  • RSS in News
  • My States
  • Vocal4Local
  • Special Report
  • Sci & Tech
  • Entertainment
  • Education
  • Books
  • Interviews
  • Travel
  • Health
  • Obituary
  • Subscribe
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Privacy Policy
  • Cookie Policy
  • Terms of Use
  • Refund and Cancellation

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies