"Propaganda": Gujarat High Court on PIL against teaching Bhagwad Gita in schools

The Gujarat High Court on Thursday took a dim view of a public interest litigation (PIL) petition filed by Jamiat Ulama-E-Hind against State government's recent decision to impart 'Bhagwad Gita' principles in the schools [Jamiat Ulama-E-Hind Gujarat and Anr. v. Union of India & Anr.].

A Bench of Chief Justice (CJ) Sunita Agarwal and Pranav Trivedi said that Bhagwad Gita does not propound any religious teaching and PIL against teaching Gita is nothing but propaganda.

“Bhagwad Gita has no religious teaching. Karma Kar Phal Ki Iksha Mat Kar (One should believe in doing good deeds without hoping for fruits or rewards) This is the basic, fundamental, moral principle. Bhagwat Gita has no religious teaching. This PIL is nothing but a propaganda or stunt and nothing else," the Court remarked.

The State's decision came months after the State Assembly passed a unanimous resolution in February 2024, for the teaching of the principles and tenets of the Gita, along with its shlokas and prayers to school children from classes 6 to 12.

The counsel for the petitioner contended that as per the national education policy, principles of all religions in the spirit of secularism should be taught in schools and the same cannot be based on just one religion.

"It has to be based on ethics and morality which is taught by all religions," the counsel added.

The counsel also referred to the Supreme Court's position on the subject which asserts that all religions are integral to our culture and ethos.

As per the Supreme Court, what can be taught are the principles of making good human beings which are common across all religions, the counsel told the Court.

However, the Court disagreed that there is any religious color to the resolution. Rather, the Court stated that the initiative is akin to the teachings of subjects like Moral Science.

"This is a kind of moral science. Moral Science lessons were nothing but the teaching of the preachers," CJ Agarwal orally remarked.

The counsel however countered by stating that Moral Science lessons are "neutral". He further informed the Court that the resolution is being implemented and the State has not filed their response to the plea.

The Court explained that the resolution is merely an initiative to introduce teachings from a specific document or preaching (Bhagavad Gita).

"But it can't be, the National Policy doesn't say this," the Counsel asserted.

The Court however stated that the policy doesn’t prohibit introducing teachings from one source at a time.

"It will be one by one (other such texts/teachings will be implemented one by one). National Policy doesn't say that you cannot introduce one (teaching) at a time. This policy cannot be said to be bad", said CJ Agarwal.

The Court then listed the matter to be heard on merits after a month.

Advocate Isa Hakim appeared for Jamiat Ulama-E-Hind Gujarat.

Government Harsheel D Shukla represented the Union of India.