Author:
Publication: The Times of India
Date: September 13, 2002
Rejecting allegations that the
Centre was trying to saffronise school education, the supreme court on
Thursday upheld the National Curriculum Framework for Secondary Education-2002
(NCFSE), clearing the way for the Vajpayee government to introduce its
new syllabus.
"We have not found anything in the
syllabus which is against the constitution," a bench comprising Justice
M.B. Shah, Justice D.M. Dharmadhikari and Justice H.K. Sema said. By a
2:1 majority, the bench held that non-consultation with the Central Advisory
Board for Education (CABE) while framing the NCFSE could not be held as
a ground to declare the national syllabus framed by the NCERT as unconstitutional.
Although Justice Sema agreed with
the opinion of the other two judges, he had reservations about their views
with regard to CABE. He said that although the CABE was a non-statutory
body, the fact that it had played an important role in the framing of educational
syllabus since 1935 could not be overlooked. Hence, he said, there must
be a consensus on an important policy decision in education like NCFSE-2002
and that CABE's role in building a consensus between various states and
the Centre could not be undermined.
Referring to the allegations of
saffronisation of education, the bench said, "Education in religions has
to be differentiated from religion education imparted in minority educational
institutions." Terming the right to know about religions a fundamental
right of students, the court maintained that the constitution had not prohibited
the study of religion. "Any interpretation of Article 28 to deprive students
of education in religions will be a violation of their fundamental right,"
it said, adding that education in religions could be imparted even in state-funded
and semi-aided schools.
The court explained that studying
religions was "necessary under the prevailing circumstances in the country
and for its unity and integrity". Referring to the increase in communalisation
in the country, the bench said, "The post-Partition era has been vitiated
by communal violence, impeding the growth of the nation. And it is of prime
importance to educate children in such a manner that they understand about
all religions."
Publication: The Times of India
Date: September 13, 2002
"The SC has vindicated our stand.
The allegations (of saffronising education) hurled on us were politically
motivated, mischievous or made out of ignorance".
"Those who went to the SC had no
concern for the education of the children and did not care whether the
children got their textbooks or not. Today, there is already a loss of
three months they should find ways and means to compensate the loss"
