NEW DELHI: Does compelling school students, belonging to different religious faiths, to recite common Prayer in morning assembly amount to violation of their Fundamental Right to religious freedom? The Supreme Court on Wednesday agreed to examine the issue saying it involved important constitutional point.
A bench of Justices Rohinton F Nariman and Navin Sinha issued notice to Centre seeking its response on a PIL challenging the practice followed by the government-run Kendriya Vidalyaya, which makes it mandatory for students to recite prayers in Hindi and Sanskrit. The petitioner alleged that it amounted to violation of religious freedom of the students belonging to other faiths and the schools should be directed to stop the practice forthwith.

The petition was filed by Veenayak Shah whose children passed out from a Kendriya Vidyalaya. Shah, a resident of Madhya Pradesh, approached the court through his advocate Pallavi Sharma and alleged that such practice was in violation of Fundamental Rights guaranteed under Article 25 and 28 which provided that no religious instruction should be provided in an educational institutions wholly maintained by state funds.

Morning prayer in KV begins with recitation of Sanskrit Shloka “Asato Maa Sad-Gamaya, Tamaso Maa Jyotir-Gamaya, Mrtyor-Maa Amrtam Gamaya, Om Shaantih Shaantih Shaantih”. It is followed by a prayer in Hindi. Referring to the prayer, the petitioner alleged that it is based on Hindu religion and it was very different from prayers of other religious/ non-religious people.

The petitioner alleged that as per Article 92 of the Revised Education Code of Kendra Vidhalaya Sangathans, the school day shall begin with the morning assembly and all students, teachers and the principal shall attend the assembly. It states that a Common Prayer in Sanskrit and Hindi shall be held for all the students irrespective of their faith and belief and they have to perform the prayer by closing their eyes and folding their hands.
Challenging constitutional validity of the practice, the petitioner said, “The above prayer is being enforced throughout the country in all Kendriya Vidhalayas. As a result, 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 petition said that students were humiliated and punished for not following the practice. “Similarly if the teacher does not enforce the folding of the palms and the saying of the prayer then the principal is expected to reprimand the teacher. This is happening in schools throughout the country,” the petition said.
“The common prayer is a religious instruction within the meaning of Article 28 of the Constitution and should therefore be prohibited. Students and teachers are entitled either to pray according to the prayer practices of their religion and according to the teachings, customs, ways of worship and practices and rituals or not to pray at all. The exercise of these Constitutional rights includes the right to not pray at all,” it said .
Source : timesofindia