LAWS(ALL)-2016-8-199

HINDU FRONT FOR JUSTICE Vs. UNION OF INDIA

Decided On August 19, 2016
Hindu Front For Justice Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) 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.