"Purely Policy Domain": SC Dismisses PIL Seeking Appointment Of ‘Yoga Mitra’ In Schools For Holistic Child Development
|The Supreme Court today dismissed a Public Interest Litigation (PIL) under Article 32 of the Constitution has been filed before the Supreme Court seeking directions to the States to appoint “Yoga Mitra” instructors in all schools across India.
The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra said "The issue which hss been raised by the petitioner on the efficacy of appointing Yoga Mitra in all schools, in view of the provision of Section 29 of the RTE Act pertains to be the "purely policy domain". However, desirable the issue be, it pertains to the domain of the executive."
At the outset, the CJI said, "This is a pure policy, Ashwini ji. You want all States/UTs to appoint Yoga Mitra in schools."
Advocate Ashwini Kumar Upadhyay appeared as party in-person.
The CJI said, "I don't think we can direct this. These are matters of policy. Government is to decide this. There is no doubt that yoga contributes to the overall development. All yoga asanas will have some benefit. Can we direct the government? That you shall appoint Yoga mItra, that's not our function. That's what the government has to do. There are 100 good thing syou wnat to do for children but, we can't direct this to the government."
The Court directed the petitioner to follow appropriate remedies under the law.
Thereafter, Upadhyay withdrew his PIL.
The Petition filed by Upadhyay claims that integrating yoga into education not only upholds children’s right to health under Article 21 but also complements their right to education under Article 21A, as these fundamental rights are interconnected. The petitioner contends that the State’s responsibility extends beyond basic educational provisions to include promoting health and holistic well-being for children.
"Right to health includes prevention &protection of health and is a minimum requirement to enable children to live with dignity. So, State has not only a constitutional obligation to appoint 'Yoga Mitra' in schools but also to ensure the creation and sustaining of conditions congenial to good health. Article 21 read with Articles 39 and 47, casts the duty on the State to take appropriate steps to improve health of the citizens particularly children and provide necessary information, instruction, training and supervision in this regard," the petition states.
The PIL asserts that the concept of a “Yoga Mitra” aligns with the RTE Act's mandate for quality, equitable education, emphasizing that yoga—considered a secular practice by courts internationally and domestically—is crucial for students' balanced development.
Yoga, seen as a “scientific universal method,” fosters discipline, resilience, and self-awareness among young learners, the petitioner claims. Citing a 2010 government notification that included “Health & Yoga” as a core subject in the National Curriculum Framework (NCF), the petitioner highlighted that yoga should be recognized on par with other academic subjects, thus mandating its instruction in schools.
"Yoga is a scientific universal method, a tradition and culture of self-discipline, self-realization, and self-revelation. It's not a ritualistic process or a sectarian bunch of knowledge; rather, it's a medical science and a life science. Besides being an excellent medical system, Yoga is a lifestyle for an integrated development of life," the PIL states.
The petitioner further referenced Prime Minister Narendra Modi’s 2014 address to the United Nations General Assembly, where he emphasized yoga as “an invaluable gift of India’s ancient tradition” that fosters “unity of mind and body.” The PIL calls on the Supreme Court to make the government accountable for promoting this tradition, ensuring children benefit from the practice of yoga as part of a comprehensive educational experience.
The petition seeks directions to the Centre and State Governments to appoint a 'Yoga Mitra' in all schools for an overall development of children up to 14 years as well as enhancing their knowledge, potentiality and talent; and development of their physical-mental abilities to the fullest extent in spirt of the Articles 21-21A and Section 29 of the RTE Act 2009.
Cause Title: Ashwini Kumar Upadhyay v. Union of India & Ors. [Diary No. 49522-2024]