‘No feedom of conscience’: Chhattisgarh High Court says students cannot be forced to recite Hindu prayers in schools
The Chhattisgarh High Court on Thursday said that no child can be compelled to recite Hindu prayers in government schools while hearing a petition against a State government circular issued on June 12.Justice Amitendra Kishore Prasad was hearing a plea challenging the circular, which directed government schools to conduct Saraswati Vandana, Gayatri Mantra, Guru Mantra and other Hindu prayers as part of the school routine.During the hearing, the State government informed the Court that although the circular had been issued in early June, it had not yet been implemented. Taking note of this submission, the Court disposed of the petition.However, the Court gave liberty to the petitioners to approach it again if any child is found to have been compelled to participate in the prayers. It also observed that appropriate action would be taken if any such complaint is brought before the Court. A detailed order is awaited.The petition was filed by former Chhattisgarh Waqf Board chairman Abdul Salam Rizvi, former Minority Department chairman Mahendra Chhabda and Bilaspur-based social activist Shafique Ahmed. They challenged the constitutional validity of the School Education Department’s circular.According to the circular, government schools across the State were asked to conduct the National Anthem, National Song, Deep Mantra, Saraswati Vandana and Guru Mantra. It also directed schools to read biographies of great personalities, recite Bhojan Mantra during mid-day meals, and Gayatri Mantra and Shanti Mantra before dispersal.The petitioners argued that the circular violated the constitutional principles of secularism and fundamental rights.“The mandatory inclusion of Saraswati Vandana, Gayatri Mantra, Guru Mantra and Shanti Mantra amounts to religious instruction and promotion of a particular religion within government schools. Hence the impugned order is unconstitutional,” the petition said, as quote by Bar and Bench.The plea also argued that the circular did not protect students who did not wish to participate in religious activities.”The impugned order neither provides an exemption mechanism nor safeguards the freedom of conscience of students who may not wish to participate in such religious activities,” it stated.The petition further claimed that the circular failed to maintain the State’s religious neutrality. “By prescribing prayers and mantras associated with one religion while excluding all others, the State creates an impermissible preference and classification based upon religion,” the petition said.It also argued that the circular was against the secular character of public education. “The action of the State effectively promotes and institutionalizes religious practices of one faith in State-funded educational institutions, thereby violating constitutional guarantees,” the plea added.
