Minority Rights vs. Right to Education: Supreme Court to Re-examine Exemption from RTE Act
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Articles 21A, 29, 30; Key Legislations - RTE Act, 2009; Judiciary - Landmark Judgments).
Mains:
General Studies Paper 2: Indian Constitution—significant provisions and basic structure; Fundamental Rights; Welfare schemes for vulnerable sections of the population (Minorities, Children); Issues relating to development and management of Social Sector/Services relating to Education.
Key Highlights from the News
The Supreme Court has referred to a larger Bench the crucial legal question of whether minority educational institutions are completely exempted from the Right to Education (RTE) Act, 2009.
This issue stems from a 2014 judgment by a five-judge Constitution Bench in the Pramati Educational and Cultural Trust case, which had completely exempted minority institutions from the purview of the RTE Act.
The current two-judge Bench observed that this 2014 judgment undermines the concept of universal elementary education and strengthens "divides" in society.
The court also expressed concern that many institutions are misusing minority status as a way to escape the provisions of the RTE Act.
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