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Synopsis

The Kerala High Court has recently observed that India is a land of religion pluralism and takes into account various beliefs and ethos.

“India is a land of religion pluralism – it is what defines us. It takes into its fold varied philosophies, beliefs and ethos with ease; and it has been so for the past several centuries,” the bench observed.

Justice Devan Ramchandran of the Kerala High Court was hearing a plea filed by KR Mahadevan challenging the 'Vidyarambham' function to be conducted in their library by the Mattannur Municipality. 

Mahadevan, a practitioner of Hinduism, claimed that the function aimed to humiliate certain groups as it required children to recite and write prayers that went against their religious beliefs and the principles of 'Sanadhana Dharma'.

The Municipality countered the argument by stating that the event has been held every year since 2014 and is open to members of all communities, beliefs, and philosophies, promoting a secular approach. 

They also mentioned that multiple prayer options are available, and no child would be compelled to recite or write a prayer conflicting with their religious beliefs or philosophy.

The bench, while disposing of the petition, emphasized the importance of preserving the constitutional fabric and urged against any actions that could disrupt it. 

“The event mentioned in Ext.P1, must be conducted by respondents 1 and 2 implicitly respecting this, as also the individual choices to be made by the parents. I caution that any action on their part to cause a tear on the constitutional fabric – ingrained with liberty to all its citizens of thought, expression, belief, faith and worship – can never be countenanced,” the order reads.

The high court clarified that every parent who wishes their child to participate in the program will have the full choice to decide which prayers they may recite.

“I also make it abundantly clear that every parent who wants his/her child to participate in the programme will have full choice, either to have their child recite and write any one among the prayers mentioned in Ext.P1, or any other of their belief; and this should be ensured to be complied with by the 2nd respondent, which is stated to be organizing the programme,” the order states.

Case title: KR Mahadevan vs Mattannur Municipality & Ors