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SC Constitution Bench to hear plea against compulsory Sanskrit and Hindi prayers in KVs

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Kendriya Vidyalaya assembly prayer

[vc_row][vc_column][vc_column_text]The Supreme Court today (Monday, Jan 28) said Constitution Bench should decide a petition challenging the compulsory recital of Hindi and Sanskrit prayers by Kendriya Vidyalaya students in the morning assembly.

The apex court directed that the plea be placed before Chief Justice of India Ranjan Gogoi for referring it to an appropriate bench, said media reports.

The petition, filed by Madhya Pradesh-based lawyer Veenayak Shah, has challenged the Article 92 of the “Revised Education Code of Kendriya Vidyalaya Sangathan” terming it as “unconstitutional” on the grounds that it contravenes Articles 28(1), 19(1)(a) and 25(1) of the Indian Constitution.

In his petition, Shah said the practise of prayer created obstacles in developing scientific temperament among students as the whole idea of God and religious faith is given immense priority and instilled as a thought-process among the students.

“Students as a result learn to develop an inclination towards seeking refuge from the almighty instead of developing a practical outcome towards the obstacles and hurdles faced in everyday life, and the spirit of enquiry and reform seems to be lost somewhere,” the plea said.

Shah said the prayers are “based on Hindu religion” and was being “imposed” on students irrespective of their faith and belief.

According to the Revised Education Code for Kendriya Vidyalayas implemented in 2013, “compulsory attendance” of students in the morning assembly is required where they have to recite the prayers.

“The common prayer is in Sanskrit and Hindi, and all the students irrespective of their faith and belief have to perform the prayer in a respectful manner by closing their eyes and folding their hands. All the teachers share the collective responsibility of supervising the assembly and making sure that every student folds his/her hands, closes his/her eyes and recites the prayers without fail,” the petitioner contended and alleged that “any student failing to do so is punished and humiliated in front of the entire school”.

Shah quoted the prayers in the petition and said it “is being enforced throughout the country in all Kendra Vidyalayas. As a result, parents and children of the minority communities as well as atheists and others who do not agree with this system of prayer, such as agnostics… rationalists and others would find the imposition of this prayer constitutionally impermissible.”

The petition claimed that “a perusal of the prayer shows that it is based on Hindu religion and it is very different, both in substance and form from the prayers of the other religious/ non-religious orientations mentioned above”.

He added that this raised the question of whether the “state” could “impose” a “common prayer” on students and teachers throughout India.

Shah also submitted before the court that the common prayer is a “religious instruction” within the meaning of Article 28 of the Constitution and should therefore be prohibited. Article 28(1) says that no religious instruction shall be provided in any educational institution wholly maintained out of state funds.

The plea was being heard by a two-judge bench of Justice Rohinton F Nariman and Navin Sinha.

“We think this is an issue of seminal importance… a Constitution Bench should examine it,” Justice Nariman told solicitor general (SG) Tushar Mehta, who appeared on behalf of the Union government.

“We think this is an issue of seminal importance… a Constitution Bench should examine it,” Justice Nariman told solicitor general (SG) Tushar Mehta, who appeared on behalf of the Union government.

Mehta contended that singing of Sanskrit hymn ‘Asato Ma Sadgamaya’ at the school assembly every morning does not amount to imparting religious instructions. “It is a universal truth, recognised by all texts, all paths of religion. It cannot become religious only because it is in Sanskrit. You have Christian schools saying ‘Honesty is the best policy’. Will that make the statement religious? I don’t think so,” Mehta said.

Justice Nariman said, “But this hymn ‘Asato Ma Sadgamaya’ is directly from the Upanishad.”

The SG replied that the official logo of the Supreme Court also carries a hymn from Bhagvad Gita. “The logo, which is there behind every judge of this Court says ‘Yato Dharmas Tato Jaya’, meaning where there is Dharma, there is victory. There is nothing religious or communal about it,” Mehta said.

However, Justice Nariman was convinced that this matter should go to a larger bench. He ordered that the petition will be placed before the Chief Justice of India for setting up an appropriate bench.

In the previous hearings, the court had issued notice to the Centre asking for its response on the move.

The bench comprising Justices R F Nariman and Navin Sinha had described it a “serious constitutional issue” which needs to be examined.

 

Tags: Supreme Court, Constitution Bench, Kendriya Vidyalaya, Hindi and Sanskrit prayers, religious instruction[/vc_column_text][/vc_column][/vc_row]

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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