What is secularism in India
In India, secularism refers to the concept of separation of religion from the state.
Here are some key aspects:
Equality of Religions: The Indian constitution guarantees equal respect and freedom to all religions.
There's no official state religion, and the government cannot favor any particular faith.
State's Neutrality: The government stays neutral in religious matters.
It doesn't promote or interfere with religious practices.
This includes things like not mandating religious instruction in state-run schools or using public funds for religious activities.
Some Exceptions: There are some exceptions to strict separation.
For instance, some personal laws in India vary based on religion (e.g., marriage, inheritance).
The government can also financially assist in maintaining religious sites under certain conditions.
India's concept of secularism is distinct from some Western models.
It emphasizes equal treatment of religions rather than a complete separation of religion from public life.
This reflects India's long history of religious diversity and tolerance.
Articles 21A
Article 21A deals with the Right to Education.
It was inserted into the constitution through the 86th Amendment Act in 2002.
Here's a breakdown of what it guarantees:
Free and Compulsory Education: The government (state) has the responsibility to provide free and compulsory education to all children between the ages of six and fourteen.
Elementary Education: The specific level of education mandated is elementary education, which is the foundation for further learning.
Manner of Implementation: The article allows the state to determine the way this free and compulsory education is provided, through legislation.
The Right of Children to Free and Compulsory Education (RTE) Act came into effect in 2010.
This act spells out the specifics of how the Right to Education as defined in Article 21A is implemented.
Here are some key points of the RTE Act:
Free Education: Schools cannot charge any fees that would prevent a child from attending and completing elementary education.
This applies to government and government-aided schools.
Quality Education: The act ensures children receive elementary education of a satisfactory and equitable quality.
Formal Schooling: The education must be provided in a formal school setting that meets certain essential norms and standards.
The Right to Education is a significant step towards ensuring equal opportunities for all children in India.
How Uttar Pradesh Board of Madarsa EducationAct, 2004 becomes a violation of secularism
Terming the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional.
The Allahabad High Court on Friday said it was found to be a violation of secularism.
The court said it was not possible to segregate and save any portion of the Act that would be of any relevance.
It maintained that the State has no power to create a board for religious education or
establish a board for school education only for a particular religion and philosophy associated with it.
A Bench of Justices Vivek Chaudhary and Subhash Vidyarthi — while dealing with a writ petition filed by Anshuman Singh Rathore that challenged the legality of the Board.
Said it was the duty of the State to provide education, which is secular in nature, more particularly for minors, i.e., children up to the age of 18.
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