Bhagavad Gita's Teachings Fundamentally Moral, Not Religious: Gujarat HC Remarks Orally In PIL Against Inclusion Of Teachings In Schools
Category: Constitutional law - Administrative affairs policy making
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INTRODUCTION
The plea came before the Gujarat High Court recently that challenged a 2022 resolution by the state government for making it mandatory to introduce teachings from the Bhagavad Gita in class curriculums, Classes 6 to 12, from the year 2022-23 onwards. The said resolution, coming under the "inspiration and guidance" of National Education Policy (NEP) 2020, suggests inculcation of Gita's values, tenets, and prayers in school teachings, organisation of related activities, and assessment of students on it. This PIL was moved by Jamiat Ulama-e-Hind Gujarat and Jamiat Ulama Welfare Trust who claimed that the said resolution was violative of provisions and principles of constitution itself as regards the issue of secularism.
BACKGROUND
Bhagavad Gita teachings at classes 6 to 8 will focus on its stories and classes 9 to 12 Gita stories and lessons are included in the language books. Schools also include Gita-prayer in the assembly and for the extra-curricular activities such as recitations, dramas, and quizzes regarding Gita. Study material is prepared by Gujarat state's education boards, the GCERT and GSHSEB. Petitioners argue that it circumvented the statutory curriculum-design bodies, it violated Article 14 (equality before the law), and it also contravened Article 28 (prohibition of religious instruction in state-funded institutions). The Bhagavad Gita is intrinsic to the religion of Hinduism and is not a representative of secular or religious-neutral teachings as perceived under the NEP.
KEY ASPECTS
1. Resolution Overview:
Gujarat's 2022 resolution mandates Bhagavad Gita teachings for Classes 6 to 12, integrating its principles, tenets, and prayers into school curricula.
Even the practice of shloka recitation, elocution and competitions relating to the Gita are also stipulated.
2. Petitioners' Arguments:
These provisions bypass statutory curriculum-design bodies and contravene Article 14 (equality before the law) and Article 28 (prohibition of religious instruction in state-funded institutions).
Bhagavad Gita is a book of Hinduism, and it is introduced here, thereby emphasizing one religion above others, which goes against the secular character of NEP.
The NEP, instead underlines the comprehensive and uniform incorporation of ethical teachings from all religions and not selective.
Whereas, the state acted on the resolution without moving in the due processes or filing a court-directed reply.
3. Court's Observations:
Orally, the court remarked that Bhagavad Gita contains ethos or cultural values rather than religious mission work.
It referred to the program "lessons in moral science," making it clear it was cultural learning.
The court observed that teachings from one source do not prohibit others and may be introduced in a gradual process.
It further suggested that there is no need for the stay of its resolution since curriculum matters ultimately involve competent authorities.
4. Petitioners' Counterarguments:
One of the major views here is that morality and ethics should not rely on just one book.
All principles of religions should be respected and implemented equally, he said.
Action of state is reportedly opposed to NEP guidelines that are secular and religiously neutral.
5. Status quo
The case was further pushed to December 23, as the court allowed further arguments about whether this resolution infringes on constitutional and NEP provisions.
The claimants wish to argue that the decision has an inclination toward Hinduism and demeans secularism in the educational policy.
CONCLUSION
The petitioners contended that the resolution illogically favors Hindu religious texts over a secular and integrative curriculum, which is unconstitutional. Though the court demurred and did not give a ruling on the matter, it emphasized that the Bhagavad Gita is considered as part of India's cultural heritage and not a document purely linked to religion. The next hearing is set for December 23, where the petitioners have to prove their allegations that the resolution runs against constitutional mandates and the principles of secular education as contained in the NEP.
WRITTEN BY : ADV ANIK
