According to the petition, the existing system does not give all children an equal chance. Certain portions of the Right to Education Act-2009 have been challenged in the Supreme Court as “arbitrary and unreasonable,” and a PIL has been filed calling for the implementation of a unified syllabus and curriculum for children across the country.
According to the petition filed by counsel Ashwini Upadhyay, sections 1 (4) and 1 (5) included in the RTE Act are the most major hindrance to expounding the Constitution, and the lack of a consistent curriculum in the mother tongue promotes and reinforces ignorance. According to the petition, the current system does not provide equal chances to all children because the syllabus and curriculum differ depending on social class.
“It is crucial to clarify that the purposeful and harmonious construction of Articles 14, 15, 16, 21, 21A with Articles 38, 39, and 46 confirms that education is a fundamental right of every child and that the State cannot discriminate against this most important right…”
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The plea said, “A child’s right to an education should not be limited to free education, but should also include the right to equal quality education without discrimination based on the child’s social, economic, or cultural background. As a result, the Court may find Sections 1(4) and 1(5) arbitrary, unreasonable, and in violation of Articles 14, 15, 16, and 21, and order the Centre to create a common syllabus and curriculum for pupils in grades I through VIII across the country,”
According to the petition, a common minimum training curriculum for children aged 14 and up would result in the codification of shared tradition, the abolition of disparities, and the eradication of discriminatory values in human connections.