In a major development concerning the secular character of public education, the Chhattisgarh High Court on Thursday made it clear that school children cannot be forced to recite Hindu prayers in government-run educational institutions.
The ruling was delivered by Justice Amitendra Kishore Prasad while hearing a writ petition challenging the constitutional validity of a June 12 circular issued by the State School Education Department.
A controversy had erupted after the BJP-led Chhattisgarh government directed all government schools to begin daily recitation of Vedic mantras, including the Gayatri Mantra and Saraswati Vandana, from the new academic session.
During the proceedings, the state government informed the Court that the administrative circular had not yet been implemented in any government school.
Taking note of the submission that no coercive implementation had taken place, Justice Prasad disposed of the petition. However, the Court granted the petitioners liberty to approach it again if any child is found to have been compelled to participate in the religious recitations.
"There is no issue if students of a particular faith recite Hindu prayers in government schools, but students of other religions shouldn't be coerced to follow it. The court has granted us the liberty to approach it for appropriate action if any such instance of institutional compulsion is brought to the court's notice," Aamir Khan, counsel for the petitioners, told this newspaper.
The petitioners argued that the directive violated the fundamental rights guaranteed under the Constitution and undermined the principle of secularism, making the order unconstitutional.
"Under Article 28 of the Constitution, no religious instruction shall be compulsorily provided in any educational institution. So the court ruled that students who are willing can recite Hindu prayers, but others cannot be forced to chant the religious mantras. This liberty has been granted by the honourable court," the counsel added.
The High Court's stand is being viewed as a significant legal check on the state's attempt to institutionalise religious practices in public education.
The petition was filed by former Chhattisgarh Waqf Board chairman Abdul Salam Rizvi, along with Mahendra Chhabda and social activist Shafique Ahmed. Advocates Aamir Khan and Sitara Khan appeared for the petitioners.
The petition highlighted the wide scope of the state directive, which proposed a structured school day centred around religious rituals. The schedule includes morning assembly recitations such as the National Anthem, National Song, Deep Mantra, Saraswati Vandana, Guru Mantra and readings from the biographies of prominent historical figures.
It also provides for students to recite a "Bhojan Mantra" before lunch, while the school day would conclude with the State Song, Gayatri Mantra and Shanti Mantra.