Children Participating In 'Vidyarambham' Can't Be Forced To Write Or Recite Prayer Contrary To Their Parent’s Belief: Kerala High Court

The Kerala High Court has made it clear that parents would have the right to choose the first words to be written or recited by their children during Vidyarambham ceremony.

In Kerala, Vidyarambham ceremony is usually conducted on the last day of Navaratri, i.e. on Vijayadashami day, to introduce young children to the world of learning and knowledge.

Justice Devan Ramachandran observed that the programmed is for initiation of knowledge and children cannot be forced to write or recite any prayer contrary to their parent’s choice.

"...the choice to participate in the programme... is with the individual parents and there can be no warrant for them, or their child, to be compelled to do what they do not want to do. When a parent takes the child to the programme of this nature, which cannot be construed to be religious in its tenor – it being not conducted in any religious place, but in a library, the repository of words, in a manner of speaking – he or she expects it to be for initiation of knowledge and nothing else. Any attempt by anyone to colour this with any other shade, by forcing or inducing children to write or recite any prayer contrary to their parent’s choice would, therefore, be anathema to free thought and freedom of belief," the Single Judge Bench observed. 

The case stems from a notice issued by the Library Committee of Mattannur Nagarasabha inviting applications from parents for starting Vidyarambham.

It was the case of the petitioner that the said notification stipulated that children would have to write 'Hari Shree Ganapathaye Namah', 'Allaahu Akbar', 'Praise to Jesus', and 'Amma, Achan' apart from the English and Malayalam alphabets. The petitioner thus averred that children will be forced to recite and write the aforesaid prayers, contrary to their religious beliefs.

The petitioner averred that Christians were conducting Vidyarambham in their Churches under the initiatives of the Vicars in accordance with their religious ceremony by writing praise to Jesus, Mother Mary, and so on. It was added that if children belonging to the Muslim community wished to have Vidyarambham in their mosque by writing Allahu Akbar, and so on, they could do so under the directions of the Usthad or their religious leaders.

The petitioner had thus sought the notice issued by the Nagarasabha to be quashed, and to issue a direction to the respondents directing them to arrange Vidyarambham for Hindu children in front of Nilavilakku, Ganapathy Orukku and the idol or photo of Goddess Saraswathy, and making them write only 'Hari Shree Ganapathaye Nama', 'Matha', 'Pitha', 'Guru', and 'Daivam'. 

The respondents on their part argued that the Municipality had been organizing such event as early as from the year 2014, giving opportunity to members of every community, belief and philosophy, to participate in a secular manner, and for which multiple options of prayers were offered to the parents of the participating children to decide the ones that their child would write as their first words. 

The counsel for the respondents asserted that no specific prayer would be forced to be recited or written by any child, in derogation of their religious belief or philosophy.

The Court was of the view that the notification issued by the Municipality merely indicated that parents could apply for their children to be initiated into education through certain prayers - the options of which had been stated therein. 

Emphasizing that India is a land of religion pluralism taking into its fold various philosophies, beliefs and ethos, the Court was of the firm view that the event ought to be conducted by the respondent authorities respecting such differences, as well as the individual choices made by the parents. 

It thus cautioned against any act on the part of the respondents in creating a 'a tear on the constitutional fabric'.

The Court recorded the submissions of the respondents that there would not be any compulsion on any parent of any child to either participate in event or to recite or write any prayer contrary to their beliefs. 

The plea was thus disposed. "As long as the programme is conducted with a secular thought, without breach of any law and with full volition of the participants, I do not think this Court needs to intervene in any manner whatsoever," Court said.

The present plea was moved through Advocates C. Rajendran, B.K. Gopalakrishnan, R.S. Sreevidya, and Manu M. Standing Counsel for Mattannur Municipality Anoop P.V. appeared on behalf of the respondents. 

Citation: 2023 LiveLaw (Ker) 584