Students cannot be compelled to recite Hindu prayers in government schools: Chhattisgarh High Court

The Chhattisgarh High Court on Thursday clarified that no child can be compelled to recite Hindu prayers in government schools [Abdul Salam Rizvi & Ors. v State of Chhattisgarh & Ors.]..The Court was hearing a petition challenging a June 12 State government circular mandating Saraswati Vandana, Gayatri Mantra, Guru Mantra and other Hindu prayers in schools..Justice Amitendra Kishore Prasad recorded the State government's submission that although the circular has been implemented without any complaints. The Court, proceeded to closed the petition while granting liberty to the petitioners to approach the Court again if any child is found to have been compelled to participate in the recitation of the prayers.The Court also observed that appropriate action would be taken if any such compulsion is brought to its notice.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, who challenged the constitutional validity of the School Education Department's circular.The circular issued by the State had directed government schools across the State to conduct the recital of the National Anthem, National Song, Deep Mantra, Saraswati Vandana and Guru Mantra. It had also mandated reading of biographies of great personalities, Bhojan Mantra during mid-day meals, and Gayatri Mantra and Shanti Mantra before dispersal..The petition contended that the circular had violated the constitutional principles of secularism and the fundamental rights guaranteed 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," submitted the plea..The petitions also argued that the circular had failed to protect students who did not wish to participate in religious observances."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 submitted..The plea further asserted that the circular compromised the State's obligation to maintain religious neutrality by privileging the practices of one faith over others. It stated,"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 petitioners added that the circular was incompatible with 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," said the plea..Advocates Aamir Khan and Sitara Khan appeared for the petitioners..Corrigendum: It was earlier erroneously reported that the State had told the Court that the circular is yet to be implemented. The article has been revised to correct this error.