Chhattisgarh High Court Upholds Government Circular on Prayers in Schools

The Chhattisgarh High Court has dismissed a petition that sought to challenge a circular issued by the State government on June 12, which mandates the recitation of Hindu prayers such as Saraswati Vandana and Gayatri Mantra in schools. The case, Abdul Salam Rizvi & Ors. v. State of Chhattisgarh & Ors., was adjudicated by Justice Amitendra Kishore Prasad.

The court concluded the petition was premature, as the petitioners did not provide evidence of any actual breach of constitutional rights or instances of students being forced to partake in the prayers. Justice Prasad emphasized that the circular does not impose mandatory participation on students, thus not infringing upon their religious freedoms.

“A careful perusal of the impugned order reveals that it does not contain any mandatory or coercive direction compelling students to act in a manner contrary to their respective religious beliefs, conscience, or faith. The contents of the impugned order, read as a whole, do not disclose any express requirement obligating students to participate in any activity that would interfere with their constitutionally protected freedom of religion or freedom of conscience,” stated the court.

Furthermore, the court addressed the applicability of Article 28(1) of the Constitution, which prohibits religious instruction in state-funded educational institutions. Justice Prasad highlighted that the provision does not extend to moral instructions, which remain integral to citizenship training and fostering social cohesion.

“The expression ‘religious instruction’ used in Article 28(1) has a restricted meaning. It signifies that the teaching of religious customs, rituals, practices, and modes of worship is strictly prohibited in educational institutions wholly maintained out of State funds. However, clause (1) of Article 28 makes it clear that the provision does not ban moral instruction, disassociated from any denominational doctrines,” noted the court.

While dismissing the writ petition, the court granted the petitioners the liberty to file a fresh petition should they gather substantial evidence of constitutional violations in the future. “The writ petition is dismissed as being premature. However, liberty is reserved in favour of the petitioners to approach this Court afresh by way of an appropriate petition, supported by cogent and relevant material, if any exigency arises in the future,” stated the court.

The petition was filed by Abdul Salam Rizvi, a former chairman of the Chhattisgarh Waqf Board, Mahendra Chhabda, a former Minority Department chairman, and social activist Shafique Ahmed. They challenged the School Education Department’s circular for its lack of exemption mechanisms and its perceived failure to maintain religious neutrality.

The State defended the circular, emphasizing the educational and cultural value of the practices. They argued that the recitations foster discipline and social harmony, rather than serving as religious instruction.

The State also pointed out that the circular had been implemented without any complaints from students, parents, or educators. In dismissing the petition, the court concluded that the case was founded on speculative fears rather than substantive grievances.

Legal representatives for the petitioners included Advocates Aamir Khan and Sitara Khan, while Deputy Advocate General Anand Dadariya appeared for the State. Advocate Anadi Sharma represented the Managing Director of the State Project Office, Samagra Shiksha.