SHC dismisses plea for making Quran teaching mandatory till 12th grade

The Sindh High Court has dismissed a petition seeking directives for the Sindh government to amend the curricula of primary, secondary and higher secondary education to make the teaching of the Holy Quran along with its translation in Urdu mandatory in all schools and colleges.

Petitioner Imtiaz Ali Mirjat asked that the Sindh government’s education department be directed to amend the curricula of primary, secondary and higher secondary/college education so as to make the teaching of the Holy Quran in Arabic along with its translation in Urdu mandatory in all schools and colleges.

A division bench, comprising Chief Justice Ahmed Ali M Sheikh and Justice Yousuf Ali Sayeed, observed that the petitioner did not present any argument as to how the present curriculum offended any law or fundamental right, but he merely argued that acquiring knowledge of the sacred text was the obligation of every Muslim and that such teaching in educational institutions would strengthen the moral fabric of society.

The court observed that Pakistan’s constitution is founded on the theory of trichotomy of power between the three limbs/organs of the state, namely, the legislature, the executive and the judiciary, and it is not the function of the court to dictate the content of the curriculum to be followed in the province under the given circumstances, and in the absence of any violation of law or fundamental rights.

The judges observed that in their view matters of faith are personal and are even otherwise best left to the individual. The court observed that the Supreme Court had observed in its judgment that human rights law makes a distinction between positive and negative rights, wherein positive rights usually oblige action and negative rights usually oblige inaction.

It further observed that the apex court had noted that the freedom to profess religion and manage religious institutions (Article 20) encases the right to both profess a certain religion and not to do so and it also places a duty on the state not to interfere in the religious beliefs and ideologies of individuals.

The court observed that the petition was found to be misconceived and dismissed the same in limine along with the other pending miscellaneous applications.