School prayer circular upheld : High Court dismisses petition challenging recitation of Gayatri Mantra in schools !

There is no prohibition on moral education !

Raipur (Chhattisgarh) – The Chhattisgarh High Court recently dismissed a petition challenging the State Government’s circular directing schools to recite Saraswati Vandana, the Gayatri Mantra, Guru Mantra and other Hindu prayers. Justice Amitendra Kishore Prasad dismissed the petition, observing that it was premature. The Court held that the petitioners had failed to establish any actual violation of fundamental rights or produce any instance showing that students had been compelled to participate in the prescribed prayers. The petition had been filed by former Chhattisgarh Waqf Board Chairman Abdul Salam Rizvi, former Minority Department Chairman Mahendra Chhabra and Bilaspur-based social activist Shafiq Ahmed, challenging the constitutional validity of the School Education Department’s circular.

1. The Court observed that nothing in the Education Department’s order indicated that students were being compelled to participate in any activity that would interfere with their constitutionally protected freedom of religion or freedom of conscience.

2. The Court further held that the circular does not violate Article 28(1) of the Constitution. Under this provision, religious instruction is prohibited in educational institutions that are wholly funded by the government. The Court clarified that this provision does not prohibit moral education.

3. The Court further observed that Article 28(1) of the Constitution makes it clear that this provision does not prohibit moral education that is free from sectarian doctrine, which is an essential component of developing good citizens, maintaining law and order, and promoting social harmony.