The Allahabad High Court has directed the Central as well as Uttar Pradesh Governments to take necessary steps to make education of fundamental duties and moral education compulsory in all schools and institutions established by all religious communities including Madarsas so that the citizenry of India and younger generation may be developed according to the dream of the Constituent Assembly.
Giving this judgment, the court observed, “To develop good temperament, humanism and sense of equality to preserve rich heritage and India’s composite culture and to develop patriotism in the citizenry of India, it is necessary that all schools/ institutions including Madarsas are liable to teach fundamental duties and moral education (not religious) to their students who are future citizens of the country to make India a strong and developed in the world”.
In this detailed judgment (writ No- 34892 of 2004), the court has said that every citizen of India is also liable to perform certain duties as enshrined under Article 51-A of the Constitution of India. These duties according to courts are (1)- to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem (2)- to uphold and protect the sovereignty, unity and integrity of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities etc.
The direction was given by Justice SN Srivastava, while giving details of the judgment in the case of Committee of
Management of Anjuman Madarasa Noorul Islam, Ghazipur. Earlier, the court had delivered operative part of this judgment on April 5, holding that Muslims have ceased to be a religious minority community in Uttar Pradesh. At one stage, (on April 6), this operative part was stayed by the division bench. However, the single judge has now given the detailed judgment in this case.
In its 89-page judgment, the court has also observed that Muslims also constitute an important part of citizenry of India and have an important role to play in developing India as a strong nation. “It is necessary that all citizens must be assimilated as citizenry of India who are also liable to perform their duties towards the nation and society at large as contemplated under Article 51-A of the Constitution”, the court said. It may be recalled, that operative part of this judgment was pronounced by Justice Srivastava on April 5, 2007 holding that Muslims had ceased to be religious minority in UP. Later, on April 6, the UP Government filed a special appeal before the division bench, which stayed this order of single judge. Since the single judge in his order on April 5 had said that the detailed judgment would be pronounced later, he had delivered it today with the above mentioned directives.