PIL in Supreme Court demands RTE Act to be extended to minority schools: Report

NEW DELHI: A Public Interest Litigation (PIL) in the Supreme Court demands to bring minority schools under the purview of the Right to Free and Compulsory Education Act, (RTE Act) 2009, reported the Tribune India.

Sections 1(4) and 1(5) of the RTE Act says that the Act will not apply to minority and religious educational institutions. This is discriminatory towards students of minority communities. The exclusion of minority schools was made through the 2012 amendment of RTE. This has also come under criticism, with the National Commission for Protection of Child Rights (NCPCR), recommending RTE Act 2009 to be extended to include minority institutions, in its report.

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The 86th Constitutional Amendment Act (2002) introduced Article 21A to provide free and compulsory education for children between six to 14 years. Despite this, the RTE Act is still not applicable to minority educational institutions, the petitioner asserted. The petition alleged that sections 1(4) and 1(5) of the RTE Act are in violation of the rights of minority communities bestowed upon them by the Indian constitution.

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The NCPCR recommends framing a law of similar nature for minority institutions, in case it is not possible to extend the RTE Act to these institutions. It also suggests states grant minority status to institutes according to the representation of the communities among minorities. The report by the NCPCR says the RTE Act “neither obliterates the minority nature of minority schools nor acts as a hindrance in benefiting the students from the minority community”.