Right to Education: BJP leader and lawyer Ashwini Upadhyay has filed a public interest litigation in the Supreme Court demanding a uniform course for all students.
Public interest litigation against right to education filed in Supreme Court
Right to Education: A public interest litigation has been filed in the Supreme Court against some sections of the Right to Education Act-2009 (RTE Act 2009). In this petition, a uniform course has been demanded for all the students. BJP leader and lawyer Ashwini Upadhyay has filed this Public Interest (PIL).
Seeking to change some irrational clauses in the Right to Education Act in the Supreme Court, it has been said that, “The right of a child should not be limited to free education only, but also the socio-economic and social welfare of the child.” He should also have the right to education of equal quality without discrimination on the basis of cultural background.
Advocate Ashwini Upadhyay filed a petition
This PIL has been filed by advocate Ashwini Upadhyay. In this, he has said that sections one (four) and one (five) of the RTE Act are the biggest obstacle in the interpretation of the Constitution and the absence of uniform syllabus in the mother tongue promotes ignorance. Also, it is the duty of the union to implement a uniform education system, but it has failed to fulfill this mandatory obligation and has adopted the pre-existing National Curriculum Framework since 2005.
Violation of equality in the Right to Education Act
Petitioner advocate Ashwini Upadhyay contends that sections one (four) and one (five) are not only violative of Articles 14, 15, 16, 21, 21A, but are also contrary to Articles 38, 39 and 46 and the Preamble. The petition states that the present system does not provide equal opportunities to all children, as there is a different curriculum for each strata of the society.
“Centre inserted sections one (four) and one (five) to deprive madrasas, vedic pathshalas and educational institutions imparting religious education from academic excellence,” the petition said. Also, Ashwini Upadhyay said that, the court can declare sections one (four) and one (five) of this act as arbitrary, irrational and in violation of Articles 14, 15, 16 and 21. Also, can direct the Center to implement uniform course for students from class I to VIII across the country.
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