35. That the secularism is the basic structure of constitution and as such in absence of study of religion for generating brotherhood amongst the fellow citizens as to provide mutual coordination and the ideology of live and let live to other is the basic education, which cannot be said as an attempt against the secular philosophy of the constitution .The constitution as it stands does not proceed on the “melting pot theory” while it represents a “salad bowls”, where there is homogeneity without any obliteration of identity . The foundation of the religion is spiritualism, which is based on trust and confidence and an ability to strive for the good self of the other individual. The law must be enforceable to preserve the society with out any derivation and hindrance and thus it may not resultantly face the social catastrophe. 36. That the little Indian shall not be hijacked from the course of freedom by mob muscle method and thereby to subtle perversion of discretion by other large Indian “dressed in little, brief authority”. The people of our country has right to know every public Act and the principle of finality may not be insisted upon as the maxim “interest reipublicae ut sit finis litiun”. Wisdom and advisability of public policy may be demonstrated in order to given effect to the statutory provisions under our constitution thus an inquiry and investigation may be needed a complete with the opinion of the expertise to arrive a conclusion as to whether the plurability in a society is not splited the very object of the law through appeasement to the minority group of the citizen in order to provide a conducive political social and legal framework with out destroying the very fabric on the basis of which the pillar and the foundation were built in order to assimilate the minorities with the majority. 37. That the Hon’ble court may never venture to disown its jurisdiction when the constitution is found to be at stake and the fundamental rights of the citizen are under fire of falsehood and thereby usurpation of the power by terrorizing for personal leisure and pleasure through self created dogmas and rituals of particular religion at the cost of other citizens. Thus the exposure of the falsehood may become the right of the affected party to vanish the assertion based on unpatriotic sentimental perversity. 38. That in Bijoe Emmanuel Vs State of Kerala (1986) 3 SCC 615, the question raised in the aforesaid case, as to whether three children who were faithful to “Jehovah’s witnesses” may refuse to sing our national anthem or salute the national flag of our country despite being the student in the school, where during morning assembly, the national anthem is sung by other children. The circular issued by the Director of Public Instruction, Kerala provided obligation of school children to sing the National Anthem. Thus these children were expelled. The Hon’ble Supreme court while setting aside the aforesaid order of expulsion of the children from the school was pleased to examine, as to whether the children faithful to “Jehovah’s witnesses”, a worldwide sect of Christianity may be compelled against tenets of their religious faith duly recognized and well established all over the world which was upheld by the highest court in United States of America, Australia and Canada and find recognition in Encyclopedia Britannica. It was held that the appellants truly and conscientiously believed that their religion does not permit them to join any rituals except it them in their prayers to Jehovah, their God. Though their religious beliefs may appear strange, the sincerity of their beliefs is beyond question. They do not hold their beliefs idly and their conduct is not the outcome of any perversity. The appellants have not asserted the beliefs for the first time or out of any unpatriotic sentiments. Their objection to sing is not just against the National Anthem of India. They have refused to sing other National Anthems elsewhere. They are law abiding and well-behaved children, who do stand respectfully and would continue to do so, when National Anthem is sung. Their refusal, while so standing to join in the singing of the National Anthem is neither disrespectful of it, nor inconsistent with the Fundamental Duty under Article 51 A (a). Hence no action should have been taken against them. 39. That in a pluralistic society like India, which accepts secularism as the basic ideology to govern its secular activities, education can include study based on “Religious Pluralism”. Religious pluralism exclusivism and encourages inclusivism. Thus in pluralistic society, it is necessary that there may not be any encroachment upon the follower of other ideology. Value based education is likely to help the mission to fight against all the kinds of prevailing fanaticism, ill will, violence, dishonesty, corruption and terrorism in the different form Citizens by getting the protection to a certain degree of preference to the minority on the cost of majority of citizen .The education is permissible only on the grounds of convenience, suitability and familiarity with an educational environment but the same should not be excessive to the substantial departure of tolerance and based on practically not existent intolerable fanatic ideological aggressism . 40. That the prevalent socio-economic system having the vast majority of the people, ignorant uneducated and easily liable to be mislead may also be provided their due legitimization in governance of their life as they repose tremendous faith in the secularism .It is the constitutional obligation of the state to provide the justice by emancipation of the falsehood as the commitment of Article 19 (1) (a), providing right of expression to an individual. It may be unreasonable if we are unable to give the exact definition of reasonableness to the people in a democratic institution .Law cannot afford any favorite other than truth as the manifest injustice is curable in nature; rather than incurable mediocrity over meritocracy, which cuts the root of justice. Protective push or prop by way of reservation or classification must withstand any over generous approach to the section of the beneficiary, if it handles the effect of destroying another’s right to education, more so, by pushing in a mediocre over meritorious and thereby belies the hope of generating the social coordination. 41. That long slavery, paradoxically enough, makes the slave to look upon the very change that bind him as his life support. This story was told to the convict in ancient time and who was confined in the dingy cell for fifteen years. After fifteen year the detainee was set free and he gingerly step out of the prison gate. His eyes, which were used to the dim light wilted at the bright sunshine outside everything including traffic, the gazing eyes were the strange look to the detainee and as such he felt terrified. He took a long look at the outside world and thereafter he inhaled a deep breath and there after by a sudden dash he again reached to his dog’s tether in the cell as his imprisonment has sapped his self-confidence. This is what has happened in India
Posted on: Thu, 19 Sep 2013 20:49:11 +0000
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