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Larger Bench Was Referred To Decide On Plea To Stop Prayer Song Based On Particular Religion In Kendriya Vidyalayas: SC
Based on the ground that the Hindu Religion based song is a religious instruction which creates a lot of obstacles in developing a scientific temperament among students a petition was filed that the song should not be a morning prayer in all the 1,125 Kendriya Vidyalayas which are presented across the country. Any particular religion should not be propagated by any state-funded institution or school is what the petitioner’s contention was.
The matter was placed before CJI to constitute a bench as the Justice R F Nariman and Justice Vineet Saran observed that an examination is required by a constitution bench.
Veenayak Shah who is a lawyer and his children were passed out of KV has filed the petition seeking that the court should direct to promote scientific learning among the students and requested to discontinue such religious related prayers during the morning assembly.
The petition said that the practice was invoking Article 28(1) which states “No religious instruction shall be provided in any educational institution wholly maintained by state funds”. The article prohibits any kind of teaching of religious customs, ways of worships or rituals in an institution which is maintained with state funds.
Petitioner said that, as this practice creates a Scientific Temperament among students instead of developing a Practical Outcome towards the Obstacles and hurdles faced in everyday life the practice of this would result in the development of an inclination towards seeking Refuge from Almighty.
There was a question raised during last July by Constitutional bench that whether religious functions can be held at places like public parks which are maintained by state funds. The bench was comprised of Justice Nariman and Justice Indu Malhotra in-front of whom the petition was filed seeking for permission to hold religious prayer gathering.
Grounds stated by the petitioner in the present case:
- Schools bounding the student to recite and conduct the Prayer without personal liberty are violating Article 21 of the Constitution.
- Under Article 19 the Freedom of Speech and Expression is given to citizens but the students were not given right and were put on a compulsion to recite the prayer or follow the conduct resulting in the violation.
- As the Scientific temperament among students and young minds is being immensely emphasized due to reciting the prayers.
- The school is situated in many places throughout the country and as this prayer is sung in every place the parents and children of minorities for whom this system cannot be accepted resulting them to fall imposition of this prayer constitutionally impermissible.
- Both in the ways of substance and form the above prayer is of Hindu religion which is totally different from that of other religious and non-religious parties raising a question whether the state can raise a common prayer on students and teachers throughout the country.
- The difference between the Religious Instructions and Study of Religion is shown by the case of Aruna Roy & Ors Vs. Union of India & Ors. The Court held that “Special care has to be taken for avoiding the possibility of imparting Religious Instructions in the name of Religious Education.”
