Friday, Sep 13, 2002
Friday, Sep 13, 2002 |
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By J. Venkatesan
Dismissing a public interest litigation writ petition from Aruna Roy and others, a three-Judge Bench comprising Justice M.B. Shah, Justice D.M. Dharmadhikari (who gave a concurring judgment) and Justice H.K. Sema (who differed on the aspect of consultation with the Central Advisory Board of Education), said ``the NCFSE nowhere talks of imparting religious instructions as prohibited under Article 28 of the Constitution''. Holding that non-consultation with the CABE could not be a ground for setting aside the new curriculum as it was not a statutory body, the Bench (whose main judgment was written by Justice Shah) vacated the interim stay granted earlier and cleared the decks for the implementation of the new curriculum with immediate effect. ``We do not find that the National Education Policy 2002 runs counter to the concept of secularism. What is sought is to have value-based education and for `religion' it is stated that students be given the awareness that the essence of every religion is common. Only practices differ,'' the Bench said. It also pointed out that ``there is a specific caution that all steps should be taken in advance to ensure that personal prejudices or narrow-minded perceptions are allowed to distort the real purpose. Dogmas and superstitions should not be propagated in the name of education about religions''. ``In our view, the word `religion' should not be misunderstood nor the contention could be raised that as it is used in the national policy of education, secularism would be at peril''. ``Value-based education is likely to help the nation to fight against all kinds of prevailing fanaticism, ill-will, violence, dishonesty, corruption, exploitation and drug abuses,'' the Bench said. ``The new curriculum was designed to enable the learner to acquire knowledge and was aimed at self-discipline, courage, love for social justice etc., truth, righteous conduct, peace, non-violence which are core values that can become the foundation for building the value-based education. These high values cannot be achieved without knowledge of moral sanction behind it.'' The Bench observed ``let knowledge, like the sun, shine for all and that there should not be any room for narrow-mindedness, blind faith and dogmas. If basic tenets of all religions over the world are learnt, it cannot be said that secularism would not survive''. It was also of the view that it appeared to be totally a wrong presumption and contention that knowledge of different religions would bring disharmony in society. On the contrary, the Bench said, knowledge of various religious philosophies was material for bringing communal harmony as ignorance breeds hatred because of wrong notions, assumption, preaching and propaganda by misguided interested persons.
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