Students can’t be forced to recite prayers in govt schools: HC 

The circular ordered government schools across Chhattisgarh to hold recitations of the national anthem, national song, Deep Mantra, Saraswati Vandana, and Guru Mantra in morning assemblies.

Raipur: The Chhattisgarh High Court on Thursday, July 2, held that no child in government schools can be forced to recite Hindu prayers, dismissing a petition challenging a State government order.

Justice Amitendra Kishore Prasad was hearing the petition filed by former Chhattisgarh Waqf Board chairman Abdul Salam Rizvi, former Minority Department chairman Mahendra Chhabda, and Bilaspur social activist Shafique Ahmed. They had challenged the constitutional validity of the School Education Department’s circular dated June 12.

The State government submitted that the circular had not yet been implemented despite being issued. Satisfied by the assurance, the Court disposed of the petition, giving the petitioners liberty to approach the court again if a child is pressured into participating in such recitations.

The circular ordered government schools across Chhattisgarh to hold recitations of the national anthem, national song, Deep Mantra, Saraswati Vandana, and Guru Mantra in morning assemblies.

It further directed the schools to mandate biography readings of important persons, recitation of the Bhojan Mantra before mid-day meals, and the Gayatri Mantra and Shanti Mantra before students left for home.

Petition argues circular incompatible with constitutional values

The petitioners had questioned the circular, arguing that the mandatory inclusion of Gayatri Mantra, Shanti Mantra, Saraswati Vandana, and Guru Mantra counted as religious instruction in government-operated schools. It added that the circular violated constitutional principles of secularism and fundamental rights under the Constitution.

“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 stated.

“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 added.

It contended that the circular compromised the constitutional obligation to maintain religious neutrality by asking students to recite prayers associated with one religion and excluding others.

“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 read.

It said the circular was incompatible with the public education’s secular character, adding that the State government was essentially “promoting and institutionalising religious practices of one faith in State-funded educational institutions.”