Is the expulsion of the 3 students from a school in Kerala justified under Kerala Education Act (Section 36), Kerala Education Rules(Rule 6 and 9), and Section 3 of Prevention of Insults to National Honour Act 1971?
Whether the expulsion of the children from the school is consistent with the rights guaranteed under Article 19(1) and Article 25 of the Indian Constitution?
There was no legal provision that obligates anyone to sing the National Anthem, and it is not disrespectful to the Anthem. The court ordered that the students be permitted to study in the school without any hindrance.
Further, the court had observed that our traditions taught us tolerance, our philosophy preaches tolerance, and our Constitution practices tolerance hence we should not dilute it.