Kerala High Court Upholds Constitutional Right to Education, Restricts Non-Educational Activities

The Kerala High Court has underscored the constitutional right to education for all students, emphasizing that educational authorities must prioritize safeguarding this fundamental right over promoting non-educational activities. In an interim order, the court prevented state educational authorities from compelling school students to participate in the Nava Kerala Sadas, an event organized under the leadership of Chief Minister Pinarayi Vijayan and his cabinet. The court’s directive highlights the need to protect the right to education, a constitutionally guaranteed right applicable to every student, irrespective of their background.

Justice Devan Ramachandran, in the order, cautioned Head Masters and Principals against subjecting students to activities outside the educational curriculum. The court stated that the right to education is constitutionally protected, ensuring access for every student, regardless of class, creed, or status. The duty of educational authorities, the court emphasized, is to safeguard this right rather than encouraging students to engage in non-educational activities. The order reflects the court’s commitment to maintaining the sanctity of the constitutional right to education.

During the hearing, the government assured the court that no child would be coerced or encouraged to participate in events across Kerala. Despite this assurance, the court deemed it necessary to issue a directive to prevent potential abuse of powers by authorities in the future. The petition challenging the order seeking student participation in the Nava Kerala Sadas was filed by the leader of the Muslim Students Federation (MSF), P K Nawas.