The Chhattisgarh High Court on Thursday said that no child can be forced to recite Hindu prayers in government schools while hearing a petition against a state government circular issued on June 12.Justice Amitendra Kishore Prasad was hearing an appeal challenging the circular, which ordered government schools to perform Saraswati Vandana, Gayatri Mantra, Guru Mantra and other Hindu prayers as part of the school routine.During the hearing, the State government informed the Court that though the circular had been issued in early June, it had not yet been implemented. Taking note of this submission, the Court disposed of the petition.However, the Court gave liberty to the petitioners to approach again if it is found that a child was forced to participate in the prayers. He also observed that appropriate action would be taken if such a complaint is filed before the Court. A detailed order is expected.The petition was filed by former chairman of Chhattisgarh Waqf Board Abdul Salam Rizvi, former chairman of Minorities Department Mahendra Chhabda and Bilaspur-based social activist Shafique Ahmed. They are contesting the constitutional validity of the Department of School Education circular.According to the circular, government schools across the State have been asked to conduct the National Anthem, National Song, Deep Mantra, Saraswati Vandana and Guru Mantra. Schools are also instructed to read biographies of great personalities, recite Bhojan Mantra during mid-day meals, and Gayatri Mantra and Shanti Mantra before dispersal.The petitioners argued that the circular violated the constitutional principles of secularism and fundamental rights.“Mandatory inclusion of Saraswati Vandana, Gayatri Mantra, Guru Mantra and Shanti Mantra amounts to religious instruction and promotion of a particular religion in government schools. Therefore, the impugned order is unconstitutional,” said the petition, as cited by the Bar and Bench.The argument also argued that the circular did not protect students who did not want to participate in religious activities The impugned order does not provide an exemption mechanism nor does it safeguard the freedom of conscience of students who do not want to participate in such religious activities,” he said.The petition also stated that the circular did not maintain the religious neutrality of the State. “By prescribing prayers and mantras associated with one religion while excluding all others, the State creates an impermissible preference and classification based on religion,” the petition said.He also argued that the circular was against the secular character of public education. “The action of the State effectively promotes and institutionalizes the religious practices of a faith in the educational institutions financed by the State, thereby violating the constitutional guarantees,” he added.
