Court Finds No Coercion or Violation of Fundamental Rights; Petition Deemed Premature
In a significant ruling, the Chhattisgarh High Court dismissed a petition challenging the constitutionality of compulsory religious prayers in state-funded schools. The petition, filed by Abdul Salam Rizvi and others, contended that mandating students to recite prayers such as Saraswati Vandana and Gayatri Mantra violated constitutional provisions related to secularism and the rights of minority communities.
Justice Amitendra Kishore Prasad, presiding over the case, concluded that the impugned government order did not enforce any mandatory or coercive actions that contravene students' religious beliefs or constitutional freedoms. The petitioners had argued that the directive was unconstitutional under Articles 14, 21, 25, 28(1), 29, and 30 of the Indian Constitution, which protect equality before the law, personal liberty, freedom of religion, and minority rights.
The State, represented by Deputy Advocate General Anand Dadariya, countered that the prayers were aligned with the National Education Policy, 2020, and aimed to foster cultural awareness without imposing religious instruction. The court noted that no evidence was presented to demonstrate an infringement of fundamental rights or any coercive mandate in the order.
The judgment emphasized that the term "religious instruction" in Article 28(1) prohibits teaching religious customs and rituals, but does not extend to moral instructions that support social cohesion and citizenship training.
The court dismissed the petition as premature, allowing the petitioners the liberty to file a fresh petition should any future exigency arise demonstrating actual harm or coercion.
Bottom line:-
Constitutionality of compulsory recitation of religious prayers in State-funded schools challenged - Petition dismissed as premature; no coercive direction or violation of fundamental rights shown.
Statutory provision(s): Articles 14, 21, 25, 28(1), 29, 30 of the Constitution of India
Abdul Salam Rizvi v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2936986
