PIL in Supreme Court Seeks Regulation of All Religious Schools for Children Below 14, Says Article 30 Rights Cannot Override Right to Education
A Public Interest Litigation (PIL) has been filed before the Supreme Court seeking comprehensive regulation of all religious educational institutions—including madrasas, gurukuls, monasteries and similar faith-based schools—that impart education to children below the age of 14 years. The petition contends that while minorities have the constitutional right to establish and administer educational institutions under Article 30, those rights cannot override a child’s fundamental right to receive quality and compulsory education guaranteed under Article 21A of the Constitution.
Filed by advocate and petitioner Ashwini Kumar Upadhyay, the PIL seeks directions to the Union and State Governments to ensure that all institutions providing education to children below 14 years comply with the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and prescribed educational standards. The plea argues that every child, irrespective of religion or the nature of the institution, should receive instruction in core subjects such as mathematics, science, social studies and languages in addition to religious education.
The petition asserts that institutions imparting only religious instruction may deprive children of opportunities for higher education, employment and social mobility. It contends that constitutional guarantees under Articles 21A, 14 and 15 require the State to ensure uniform minimum educational standards for every child, regardless of the type of school attended. According to the petitioner, religious education may continue, but it should supplement—not replace—formal schooling prescribed under national education laws.
Referring to Article 30, the PIL argues that the constitutional protection granted to minorities to establish and administer educational institutions is not absolute. It submits that the provision cannot be interpreted in a manner that defeats children’s fundamental rights or exempts institutions from reasonable regulations designed to ensure quality education, child welfare and academic standards. The plea therefore seeks a harmonised interpretation of minority rights and the constitutional mandate of universal education.
The issue touches upon a sensitive constitutional balance between religious freedom, minority educational rights and the State’s obligation to provide free and compulsory education. While Article 30 protects minority institutions, the Supreme Court has consistently held in earlier decisions that such institutions remain subject to reasonable regulatory measures aimed at maintaining educational excellence, transparency and public interest. The extent to which the RTE Act applies to different categories of religious schools has been the subject of previous judicial consideration.
The Supreme Court has yet to examine the merits of the PIL. If the matter is entertained, the Court may be called upon to clarify the interplay between Articles 21A and 30 of the Constitution, and determine whether religious schools imparting education to children below the age of 14 should be required to follow a common minimum curriculum under the RTE framework. Any ruling on the issue is likely to have significant implications for educational policy, minority institutions and the constitutional rights of children across India.
