It comes to the amazement of the citizens of a secular nation that where on one hand the people of different race, caste, religion are coming together to celebrate numerous events, the Supreme Court has decided to hear a petition which claims that prayers being recited in the Kendriya Vidyalayas are not secular in nature, questioning the secularism of Sanskrit language.
Shri Veenayak Shah, the petitioner
in the instant petition is being represented by Advocates Satya Mitra and Pallavi
Sharma before the Apex court where the matter is being heard by a 5-Judge Constitutional
Bench lead by Justice Rohinton Nariman. The truth put
forth by the Solicitor General before the Apex Court seems to be very precise
and true as far as it states that the reciting of Sanskrit shlokas are
universal truths and that there is nothing religious attached to these shlokas.
Referring to the Apex Court’s emblem, “Yato Dharma, Tato Jaya”, the Solicitor
General exclaimed that this has been derived from the Mahabharat and this means
that where there is dharma, there is victory.
Now, the point that needs to be delved
upon by the Supreme Court is whether universal truths shall be construed as
religious texts and whether Sanskrit should be attached to any religion. Also,
whether several other texts like Satyamev Jayate shall make the High Court’s
emblem non-secular is what the Apex Court needs to ponder upon. The issue comes
in light of the 1,100 KV’s in India which started more than 50 years back and continue
to provide corners of the Nation with quality education upto 12th.
Brihadaranayaka Upanishad mentions: “Asato
maa sadgamaya, Tamso maa jyotirgamaya, Mrityorma amritam gamaya” meaning “lead
me from falsehood to truth, from darkness to light and from death to
immortality”. BJP Leader B Mahtab during a session of the Parliament had
earlier commented on this issue in the Parliament wherein he questioned the intent
of Veenayak Shah, the petitioner. Shri Mahtab putting forward his views on this
issue stated argued that there have been many other excerpts other than this
shloka which have bene picked form Ramayana, Mahabharata and Upanishads which
are on display both in the Parliament House library and the Teen Murti Bhawan Library
and there was not a single question of secularism raised against them. Moreover,
Dharma chakra pravartanaya is written in the panel in Lok Sabha, but this does
not mean that the Parliament promotes a specific religion.
Coming over to the Kendriya Vidhyalaya Revised
Code, Article 92 states that the School must begin with the morning assembly which
the Principal, Teachers and Students should strictly attend. The Article further
makes it a compulsion to recite prayers by closing their eyes and folding their
hands. The question which the Atheists have is the question of scientific temperament
and reason and knowledge. As the group of Agnostics, Skepticists, Rationalists have
no belief in the Almighty, this section of society questions even the folding
of hands as this might be considered as a submissive act. So, on one hand where
there is no person above men themselves as per atheists why should they join
hands before someone.
Moreover, question also arises by people of
other religions who fail to join hands before Hindu Gods as claimed by them. Further,
non-recital of these prayers has resulted in the humiliation of the children on
stage in front of the public. The Principal similarly has been endowed with the
responsibility to ensure that the Teachers perform their tasks duly, and as per
the Code each member of the KV is to follow his duty with due discipline be it the
Principal, Teachers or Children.
Now, if for once we look at the other side
of the picture, let’s for once imagine that the same thing was being said in English
with a mere change of language. Even if students say: My Lord, help me in improving
myself day after day and help me in achieving my goals. Take me to a higher
level of kindness and make me practice love and affection with others, this won’t
mean that Christianity is being promoted herein. Thus, just because the shlokas
are being recited in Hindi and Sanskrit, in my opinion it would be unjust and
illogical to attach Hinduism with it, keeping into consideration the fact that
every religion promotes kindness and love.
Moreover, when Atheists speak against closing
the eyes and folding the hands, I opine that this does not portray submissive
behaviour but makes one realize that there is always a greater being than an
individual and that one should always be remain grounded in his life despite of
whatever feats he or she achieves. Thus, in my opinion rather than taking this
as an act of submissiveness to god, this act should be taken into consideration
for reminding oneself to keep one’s feet on the ground and keep working in a
kind and loving manner with others.
The legal nuances of the petition talk
basically about the 6 grounds on which the matter shall be heard further by the
Apex Court, the first 3 discussed herein being the violation of constitution as
a part more or less of the fundamental rights of citizens and the latter 3
being the moral rights of the citizen. Talking with regards to the violation fundamental
rights firstly, where the violation
of Article 21 is claimed on the ground of the denial of right of refusal to
pray or refrain from praying which is not being given to the children. Secondly, the violation of Article 19
has been claimed as the students are not being allowed to express themselves freely
as they are compulsory put to fold their hands, close their eyes and the recite
the prayers. Thirdly, the violation of
Article 28(1) is being claimed as the petitioner says that KV’s are being wholly
funded by the Central Government and as a result they cannot impart religious
instruction to any child in the school.
The other 3 moral rights of the citizens
claimed are firstly, curbing the scientific
growth of the children as the knowledge temperament is being harmed by repeated
recitation of the prayers. Secondly,
the prayers are against the concept of Atheists and some minority group of people
and Thirdly, that the prayers are forcing Hindu Religion both in form and
substance to children of all religions and that it should be prohibited under
the Constitution.
Having discussed the logical explanations
to the later 3 moral rights of the children, let us consider one by one a
reasonable analysis of the provisions of the Constitution. Firstly, that there is no imposition of any prayer on any of the
child in KV’s and if the parents of the children feel so that the prayers imbibe
Hindu religious texts, then the secular meaning construed to the prayer must be
focused upon which is not religion specific but talks about the welfare of one
and all. Secondly, as already discussed
prior to this that the hands of the students are being made to be folded
because of the primary reason to make children realize that one should always
remain attached to the ground howsoever high his works make take him and not to
portray some kind of submissive behaviour. Thirdly,
as held by the Supreme Court in Aruna Roy
v Union of India that there
should be a fair study of religions among schools and every religion must be
given equal importance and that no specific religious instruction shall be
provided in schools maintained out of Government funds, it is crystal clear
that KV’s have made it precise through the idea of keeping several other
recitals such as Vasudeva Kutumbakama and All Indians are my brothers and
sisters along with the morning prayer that there has been no scope left for the
promotion of one specific religion and that there is a clear cut promotion of
Secularism amongst the students.
It comes to my amazement that when at one
place during the morning routine at KV, the pledge “India is my country and all Indians
are my brothers and sisters” is being taken and “Vasudhaiva Kutumbakama” is
being preached as the world is one family, on the other hand there are people
who force themselves not to think with a broad mindset thereby keeping the
windows of their minds closed and causing troubles for others. Frivolous issues
like these also waste a lot of time of the Apex Court as the Apex Court has
lots and lots of work load of cases holding more importance than this one. The
lawyer from Jabalpur has howsoever done one good thing by filing this petition,
and that is to unite the people of the entire KV family by reminding them how
important these prayers were to inculcate good values in them in the childhood
and I am sure of the fact that every KV Alumni must be proud of the manner of
education they sought in their childhood.
Jai Hind !!!
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