Jamiat Ulama-E-Hind Moves PIL Against Mandatory Learning Of Bhagavad Gita In Gujarat Schools: Gujarat HC Seeks Govt's Reply

The PIL by the Jamiat Ulama-E-Hind has challenged the passed by the State Department of Education mandating the learning of the Shrimad Bhagavad Gita ('the Gita') by teaching its values and principles/ tenets and through stories, shlok singing, recitation and chanting, and reading of stories and prayers in prayer assemblies in the students of Classes 6 to 12 from the academic year 2022-23.

The PIL plea states that the resolution is a colorable exercise of power, violative of Articles 14, 28 and other fundamental rights guaranteed in Part III of the Constitution and also against the principle of secularism which is a basic feature of the Constitution.

Having heard the arguments of the Jamiat Ulama-E-Hind's Counsel Senior Advocate Mihir Joshi, the Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri sought the state government's response, however, it refused to entertain the petitioner's request for a stay on the resolution.

The averments made by the petitioner

It is the primary argument of the petitioner that the inclusion of the Gita in the school curriculum amounts to giving religious instruction and giving primacy to a holy book of Hinduism as purportedly representing Indian values and ideals.

"This is violative of Article 28 of the Constitution as interpreted by the Hon'ble Supreme Court in the case of Aruna Roy v. Union of India, (2002) 7 SCC 368. Further, the impugned resolution is also anti-secular and thereby contrary to the basic structure of the Constitution," the PIL plea avers.

Appearing for the petitioner, Senior Advocate Joshi argued that "No religious book is event touched upon in the National Education Policy and it could not be. The Right to Education Act (RTE) says that there is a statutory organization which will frame the curriculum and recommend it to the state government. Here, the cart is put before the horse. The state has no power to direct that you do this. On the contrary, the law says that take into account the constitutional values."

It was further argued that the state government's resolution was based on the principles of the National Education Policy (NEP), however, it does not prescribe any religious book.

Senior Advocate Joshi also contended that the Indian culture comprises a vast array of what it comprises and any religious book can't be given primacy over the book of any other religion.

The petitioner further submitted that Articles 25 and 28 of the Constitution provide for the freedom of conscience and free profession, practice and propagation of religion, and directives that no religious instructions shall be provided in a state-run educational institution.

About the State Government's resolution

In the impugned resolution, the introduction of the Gita has been segmented. In classes 6 to 8, students will be introduced to the Gita and the stories contained therein.

Further, in Classes 9 to 12, the stories and lessons of the Gita would be included in the textbook of the first language of the students.

It further mandates that the students will be evaluated regarding the same and the prayers and D stories of the Gita are also mandated to be included in the prayer assemblies.

It has also been decided by the state education department that activities and competitions surrounding the Gita like singing, reciting, and chanting of shlokas, elocution, composition, drama, drawing, quiz etc. would have to be organized by schools.

It has been further provided that for Classes 6 to 8 and Classes 9 to 12, the study materials with regard to the Gita shall be prepared by the GCERT and the GSHSEB respectively.