New Delhi: The Supreme Court on Wednesday issued notice to the Centre and Kendriya Vidyalaya Sangathan on a PIL challenging the Revised Education Code of Kendriya Vidyalaya Sangathan mandating students to recite Hindu slokas in the morning prayer across all Kendriya Vidyalayas in the country.
A three-judge bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud while issuing notice on a PIL filed by Veenayak Shah, whose children studied in Kendriya Vidyalaya said, “It is a serious constitutional issue” and would examine whether such prayers in Sanskrit and Hindi violated the fundamental rights of the Constitution.
The petition questioned Article 92 of Chapter 10 of the Revised Education Code for Kendriya Vidyalaya Sangathan, in so far as it relates to the common prayer prescribed.
According to this code, the morning assembly shall begin with the common prayer in Sanskrit and Hindi, and all the students irrespective of their faith and belief have to recite the prayer in a respective manner by closing their eyes and folding their hands.
All the students irrespective of their faith and belief, have to compulsorily attend the morning assembly and recite the prayer.
The petition said Kendriya Vidyalayas are a system of Central government schools in India that were instituted under the aegis of the ministry of human resource development.
The network expands to a massive 1,125 schools in India, ensuring a uniform curriculum and syllabus all over India, thus making it one of world’s largest chain of schools.
The schools have been operational for over 50 years.
It said parents and children of the minority communities as well as atheist and others who do not agree with this system of prayer such as agnostics, sceptisists, rationalists and others would find the imposition of this prayer constitutionally impermissible.
The impugned Article 92 requires the teachers to guide and supervise the prayer. In case a student does not stand with his palms folded and does not recite the prayer then the teacher is expected to bring the student on the stage to correct him in public.
Prayer based on Hindu religion
Similarly if the teacher does not enforce the folding of the palms and the chanting of the prayer, then the principal is expected to reprimand the teacher. This is happening in schools throughout the country.
The petitioner said, a perusal of this prayer showed that it is based on Hindu religion and it is very different both in substance and form from the prayers of the other religious/ non-religious orientations mentioned above. The issue that arises therefore is whether the state may impose the “common prayer” on students and teachers throughout the country.
He contended that no religious instruction shall be provided in any educational institution wholly maintained out of state funds.
The petitioner submitted that the above common prayer is a “religious instruction” within the meaning of Article 28 of the Constitution and should therefore be prohibited.
