The Centre on Wednesday told the Delhi High Court that it will respond to a petition seeking a direction to make ‘Health and Yoga Science’ a mandatory part of curriculum upto class VIII after the court questioned why the government should need a court order in a matter involving policy. The court was hearing the petition filed by BJP leader Ashwani Kumar Upadhyay arguing that the State has an obligation to provide health and yoga education to children. Additional Solicitor General Chetan Sharma submitted that the petition has raised important questions “and indeed it needs to be incorporated”. The division bench of acting Chief Justice Vipin Sanghi and Justice Sachin Datta in the order said, “Even before we could issue notice, he [ASG] states that respondents would take instructions in the matter”. “Then you do it. Who is stopping you? Why should you wait for us to pass an order which we are repeatedly reminded is a matter of policy . is not for us to address. You do it on your own. Why this hesitation. If you feel there is merit, do it on your own. This is a matter of policy,” observed the court after hearing Sharma. The court had earlier observed that the PIL raises a question of policy decision and no individual can dictate to the government. “We don’t want to take even one step in a direction that we can’t pursue. Ultimately our hands are tied. You are seeking we evolve a policy and we thrust it on a government. We are not in a position,” said the court. Upadhyay in the petition has argued that right to health under Article 21 cannot be secured without making ‘Health and Yoga Science’ a mandatory part of curriculum upto Class VIII. “After enactment of the RTE Act, study of health & Yoga Science has become the right of 8-14 years old children. But it has remained on papers and is the most neglected subject. Marks are not awarded for Health & Yoga Science in annual exam and even the teachers of Kendriya Vidyalaya and Navodaya Schools say that Health & Yoga Science is not a compulsory subject,” he said.
