SC issues notice to Education Secretary on plea to regulate religious studies’ institutions

The Supreme Court on Tuesday (September 15, 2026) issued notice on a contempt petition filed by advocate Ashwini Kumar Upadhyay against Union Education Secretary T.K. Anil Kumar for not complying with a May 2026 order to look into his plea for mandatory state “registration, recognition and supervision” of institutions imparting secular/religious education to children up to 14 years of age.

“Children are the backbone of a nation’s growth. They are also gullible/naive due to their tender age. Hence, the state has a heightened responsibility towards them,” the petition filed by Mr. Upadhyay, submitted before a Bench headed by Justice Dipankar Datta, said.

The Bench dispensed with the personal appearance of the Education Secretary while listing the case after four weeks.

The issue concerned national security as children were vulnerable to “brainwashing” in unregistered institutions, the petition submitted.

“Again, Article 21-A guarantees quality of education, which cannot be ensured in unrecognised institutions,” the petition said.

“There is no criteria for appointment of teachers and no audit of syllabus in unrecognised institutions. Safety of children is paramount. The state must prevent child-trafficking by non-recognised institutions… Thousands of unregistered and unregulated institutions are radicalising the children under the garb of imparting religious instruction… Hence, all education institutions must be registered, recognised and monitored,” the petition said.

Institutions that impart religious education cannot be protected under Article 30, which guarantees religious and linguistic minorities the right to establish and manage educational institutions of their choice, the petitioner argued. They should be covered under Article 26(a), which provides religious denominations freedom to manage religious affairs subject to public order, morality and health, the petition said.