"You do it; why wait for our order:" Delhi High Court to Central government on plea to make Yoga, Health Science mandatory in school

The Delhi High Court on Wednesday asked the Central government to submits its response to a plea by BJP leader and advocate Ashwini Kumar Upadhyay to make "Health and Yoga Science" a mandatory part of school curriculum up to Class VIII [Ashwini Kumar Upadhyay v Union of India and Ors]..A division bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta, however, opined that it is a policy matter which the government should look into instead of waiting for court orders. “You do it. Why wait for our orders. We are repeatedly reminded that these are policy issues. Do it on your own if you think it is important. We don’t want to take even one step in a direction we cannot pursue. We cannot evolve a policy and cast it on the government,” the bench said.The Court refused to issue formal notice on the issue but it asked the Additional Solicitor General (ASG) Chetan Sharma to obtain instructions and come up with a response. During the course of the hearing, the bench said that no individual can demand what he thinks is correct to be forced or implemented. The bench questioned Upadhyay about why only Yoga should be made mandatory in schools when there are similar practices in Japan and China as well.“There are other practices like yoga. You have practices in Japan and China. Why should it only be yoga? Therefore, you are nobody to dictate this or to say we must issue a writ on this. There is no case of this court issuing a writ on this,” Acting Chief Justice Sanghi remarked..However, Upadhyay said that Yoga is part of the National Curriculum Framework of 2005 and it still exists today. "Until the next policy comes, it still goes on. All the schools under Right to Education (RTE) Act have to follow this. In the context of all round development, this subject should be introduced. Delhi Government is doing it. Haryana is doing it. Rajasthan has done and Gujarat is also doing it. But it has not been institutionalized. I am seeking that it should be institutioanlised," Upadhyay argued.The bench said these are policy decisions. It then told the ASG that if the government thinks it is important, it should do it.ASG said that he will come up with a response. .The petition by Upadhyay argued that for overall development of children as well as enhancing their knowledge, potential and talent, Health Sciences and Yoga are a necessary. "Right to health guaranteed under Article 21 includes prevention, protection & improvement of health and is a minimum requirement to enable children to live with dignity. So, State has not only a constitutional obligation to provide "Health and Yoga Education" to children but also to ensure the creation and sustaining of conditions congenial to good health," the plea said. .The plea stated that in May 2010, the Central government had notified that the National Curriculum Framework (NCF) 2005 shall be the national curriculum for schools and the NCF says that 'Health & Yoga' is a core and compulsory subject of the elementary education. Therefore, Upadhyay said, it needs to be given equal status with other subjects and must be taught as a compulsory subject."It is necessary to state that NCERT develops syllabi of all subjects for primary and junior classes so it must develop standard textbooks of ((Health & Yoga Science" for students of Class I-VIII. Haryana has made Yoga compulsory," the plea said.