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Minority Educational Institutions (MEI) and the Right of Children to Free and Compulsory Education (RTE) Act 2009 hold significant importance in the Indian context, with various judicial provisions and controversial aspects to it. Recently, these subjects have been in the news due to the Supreme Court’s refusal to entertain a petition questioning the exclusion of madrasas and Vedic schools (MEI) from the ambit of RTE Act 2009.
Understanding Minority Educational Institutions and the RTE Act 2009
The Minority Educational Institutions (MEI) are primarily religious institutions like madrasas and Vedic schools that have been excluded from the purview of the RTE Act 2009. This exclusion was inserted into the Act through an amendment in August 2012. A report by NCPCR previously highlighted the disproportionate number of minority institutions and dominance of the non-minority category in MEIs.
Legal Provisions Governing MEI and RTE
The RTE Act asserts the importance of free and compulsory education for children aged between 6-14 years in India under Article 21 (A) of the Constitution of India (86th Amendment). The Act specifically mandates a 25% reservation for disadvantaged sections of the society which include Scheduled Castes(SCs), Scheduled Tribes(STs), Socially Backward Classes and the differently-abled.
Articles 29 and 30 of the Indian Constitution secure the rights of minorities and minority-run institutions. In this light, minority institutions have been given a fundamental right under Article 30 of the Constitution to establish and administer their educational institutions according to their choice. Consequently, the RTE Act was amended to include Sections 1(4) and 1(5).
Sections 1(4) and 1(5) of the RTE Act
Section 1(5) of the RTE Act states, “Nothing contained in this Act shall apply to madrasas, Vedic pathshalas and educational institutions primarily imparting religious instruction.” On the other hand, Section 1(4) clarifies that “Subject to the provisions of Articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education.”
Petitioner’s Arguments Against Exclusion of MEIs
Petitioners argue that Sections 1(4) and 1(5) overlook the fact that children aged between 6 and 14 years are at a formative age and such religious education can have a strong influence. They emphasise the need for a common syllabus and curriculum to ensure equal opportunities for all children regardless of their socio-economic or cultural background.
They insist the right of a child should go beyond free education to include equal quality education without discrimination. Moreover, they suggest such amendments would contribute to achieving the goals set out in the preamble like fraternity, unity and national integration. Therefore, they request the court to declare Sections 1(4) and 1(5) arbitrary and irrational.
The Way Forward
Given these complexities, there is a need to revisit the exemptions given to minority institutions under the RTE Act. While Article 30 of the Indian constitution ensures the rights of minorities to establish and maintain their own institutions, it should not conflict with Article 21(A) which safeguards the fundamental right to education for every child.