Judicial process is not an answer to every social ill: Supreme Court

Holding that the judicial process is not an answer to every social ill, the Supreme Court has dismissed a Public Interest Litigation (PIL) filed by an advocate seeking a direction for the inclusion of moral science as a compulsory subject in the syllabus of school education from classes I to XII in order to inculcate moral values and nurture national character in the national interests.

The court, however, said, "Value-based education must enable our young to be aware of the horrible consequences of prejudice, hate and discrimination that continue to threaten people and societies the world over."

A bench headed by Chief Justice of India TS Thakur held that "every good that is perceived to be in the interest of society cannot be mandated by the court. Nor is the judicial process an answer to every social ill which a public interest petitioner perceives. A matter such as the present to which a solution does not rest in a legal or constitutional framework is incapable of being dealt with in terms of judicially manageable standards."

"…Equally important is the need to foster tolerance of those who hold radically differing views, empathy for those whom the economic and social milieu has cast away to the margins, a sense of compassion and a realisation of the innate humanity which dwells in each human being," the bench also said noting that there is a need for value based education.

The Centre has argued that in 2015, CBSE launched a values education kit comprising of a revised values education teachers' Handbook, a set of value cards and other materials. The values education kit has been developed to provide broad guidelines for teachers on moral education. This serves as a resource for teachers to conduct interactive sessions in their classes.

The petitioner advocate said she is "deeply distressed with the rapidly degrading moral values in the society touching every aspect of life where making money, anyhow has become the sole motto of society". The grievance of the petitioner is that the present education system does not inculcate the true purpose of education, which is to produce a good human being.

The State, in the submission of the petitioner, is under a constitutional obligation to endeavour to provide educational facilities which inculcate moral values in the course of primary and secondary education.