Jamiat Ulama-e-Hind moves Gujarat High Court against mandatory learning of Bhagavad Gita in schools

The Gujarat High Court on Monday issued notice to the State and Central governments in a public interest litigation (PIL) petition challenging a resolution by the State's Department of Education mandating the learning of Bhagavad Gita for students of classes 6 - 12 in the upcoming academic year [Jamiat Ulama-e-Hind Gujarat v Union of India]..A Bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri sought the government's response in the plea filed by Jamiat Ulama-e-Hind but refused to entertain the petitioner's request for a stay on the resolution's operation. .The petition stated that the resolution was a colourable exercise of power, violative of Articles 14, 28 and other fundamental rights, and was also against the principle of secularism which was a basic feature of the Constitution..It was submitted that the resolution violated Article 28 of the Constitution that provides that no religious instruction shall be provided in any educational institution wholly maintained out of state funds.In this regard it was stated that, “it is an undisputed fact that the Gita is a religious book of the Hindus and all the values enunciated in the Gita are interwoven with the tenets of Hinduism.”.The petitioners highlighted their concern that educating students in only one religion would have the effect of indoctrinating young impressionable minds of the superiority of one religion over others, which would in turn affect the exercise of free choice and conscience guaranteed under Articles 21 and 25..It was their contention that resolution failed to undertake a rational enquiry of the vast and diverse literature representing the rich and ancient Indian culture.“The impugned resolution under the garb of implementing a value based education system is rationally, and without adequate determining principle, selects one book as a book of values and mandates teaching the same,” stated the plea..It was further submitted that the resolution purportedly took inspiration from the National Education Policy (NEP), but the reliance was misplaced as the NEP did not prescribe the teaching of the Gita or any other holy book.The petitioners added that faith-based value education also goes against the constitutional goal of promoting specific temper, humanism, and the spirit of enquiry as contained in Article 51 A(h).“The impugned resolution mandates the teaching of values that are deeply interwoven with faith and mythology which would only appeal to those who have believe in truthfulness of the same,” the plea said..Additionally, the plea contended that the resolution granted preferential treatment to one religion over others and this was against constitutional morality.Further, the PIL emphasised that the moral values to be taught in a secular state must be constitutional values of equality, fraternity, and justice as enshrined in the Preamble of the Constitution..With this, the petitioners sought for the resolution under challenge to be stayed. The division bench listed the case for further hearing on August 18, 2022..Senior advocate Mihir Joshi and advocate Isa Hakim appeared for the petitioners..[Read Order]