The main legal point established is that the introduction of religious education is a matter of policy for the appropriate government and expert bodies, and the Courts cannot impose a particular policy for imparting religious instruction.

AMRESHWAR PRATAP SAHI, J.

This petition under Article 226 of the Constitution of India has been filed as a Public Interest Litigation praying that the respondents Union of India and State of U.P. through their respective authorities be directed to introduce compulsory religious education right from class I to the Post Graduate level and also provide for a syllabus for research of such education. A prayer has also been made that the respondents may be restrained from granting recognition to the institutions if there is no sufficient provision for imparting religious education in a particular institution. A specific prayer has been made that the prescription of the syllabus should also include different aspects of Islamic religion including the advent of Islam and encourage the study of Islamic literature as a source of Islam. Additionally a prescription has been sought for introducing Hindu religious scriptures in the syllabus whether aided or unaided institutions.

2. The petitioner no. 1 association describes itself as a ‘Hindu Front for Justice’ and contends that even after 66 years of the enforcement of Constitution of India, religious and moral education do not find their proper place in the curriculum of schools which is resulting in the youth going astray thereby increasing the ills of the society. It is also contended that views of religious texts are not being presented correctly and the consequential action of preachers in encouraging conversions is also telling upon the cultural civilization of this country. It is, therefore, necessary to introduce compulsory religious education to enable the imparting of comparative religious teachings thereby fostering a correct approach towards religion. This void of religious understanding has also taken the shape of a general perception that the followers of a particular religion indulge in terrorist and anti-social activities which gets supported by claims being made by the certain organizations of having indulged into it, whereas their religious preachers defend their religion contending that terrorism is opposed to the tenets of any religion.

3. Thus, the prayer is that such preaching by way of compulsory education would bring about rational understanding of all religions and would remove intolerance in the society. It is urged that the right to profess religion can be realized as a fundamental right only if the citizens are well informed and are able to learn and understand different religions and that is why it is obligatory for the State to include religious education at all levels.

4. Learned counsel for the Union of India and the learned Standing Counsel have both placed before the Court documents to indicate that the policy for providing the curriculum for primary and secondary schools is entrusted to the National Council for Educational Research and Training (NCERT) and at the State level the State Council for Educational Research and Training (SCERT). It is these bodies which are entrusted with the responsibility of framing curriculum. The National Council for Educational Research and Training has formulated the basic principles of the curriculum that are as follows:

“3. Curricular Areas, School Stages and Assessment

3.1 Language

3.1.1 Language Education

3.1.2 Home/First Languages or Mother Tongue Education

3.1.3 Second Language Acquisition

3.1.4 Learning to Read and Write

3.2 Mathematics

3.2.1 Vision for School Mathematics

3.2.2 The Curriculum

3.2.3 Computer Science

3.3 Science

3.3.1 The Curriculum at different Stages

3.3.2 Outlook

3.4 Social Sciences

3.4.1 The Proposed Epistemological Frame

3.4.2 Planning the Curriculum

3.4.3 Approaches to Pedagogy and Resources

3.5 Art Education

3.6 Health and Physical Education

3.6.1 Strategies

3.7 Work and Education

3.8 Education for Peace

3.8.1 Strategies

3.9 Habitat and Learning

3.10 Scheme of Study and Assessment

3.10.1 Early Childhood Education

3.10.2 Elementary School

3.10.3 Secondary School

3.10.4 Higher Secondary School

3.10.5 Open Schooling and B