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Synopsis

The Gujarat High Court, on Thursday, November 21, 2024, heard a public interest litigation (PIL) challenging the State government’s 2022 resolution to include teachings from the Bhagavad Gita in the school curriculum. The court, presided over by a Division Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi, orally observed that the Gita is a moral and cultural text rather than a religious one, deferring the matter for further hearing on December 23.

The PIL, filed by Jamiat Ulama-e-Hind Gujarat and Jamiat Ulama Welfare Trust, challenges the resolution mandating the inclusion of Bhagavad Gita stories, principles, and prayers in the curriculum for students of Classes 6 to 12. The petitioner argues that this move contravened the National Education Policy (NEP), which emphasises secularism and the teaching of universal ethical principles derived from all religions. The PIL further alleges that the resolution violates Articles 14 and 28 of the Constitution by prioritizing a Hindu religious text in secular education. It claims that while the NEP promotes religious neutrality, the resolution disregards this by embedding Hindu religious tenets into the curriculum.

Senior Advocate Isa Hakim, representing the petitioners, argued that the resolution violates the secular spirit of the National Education Policy (NEP), which calls for incorporating principles of all religions uniformly. He cited a Supreme Court ruling that emphasised teaching universal values from all religions, asserting that the principles of morality are common across religions, and no single religious text should be prioritised.

The Chief Justice remarked, “This PIL is nothing but propaganda, a stunt” emphasising that the Gita’s teachings are not religious but moral and ethical in nature. “Bhagwad Gita has no religious preaching. Karma kar, phal ki iksha mat kar (One should believe in doing good deeds without expecting rewards)—this is a basic, fundamental, moral principle,” the court further stated.

The court rejected allegations that the resolution carried religious bias, comparing the initiative to traditional Moral Science lessons. “This is a kind of moral science. Such lessons have always included teachings of preachers,” the Chief Justice said.

The petitioner, however, argued that Moral Science lessons are inherently neutral, unlike the Bhagavad Gita, which is tied to a specific religious tradition. The counsel further pointed out that the State had yet to submit its response to address these concerns.

In response, the court clarified that the National Education Policy (NEP) does not preclude introducing teachings from a single source. “The National Policy doesn’t say that you cannot introduce one teaching at a time. Other such teachings can be implemented incrementally,” the Bench observed, highlighting that the circular is not contrary to the NEP.

Seeing no urgency in the matter to stay the resolution, the court allowed the State to proceed with implementation. “Once the curriculum is prepared, then you can challenge it,” the bench told the petitioner's counsel, emphasising that the initiative does not amount to religious instruction.

The court adjourned the matter, stating that the merits of the case will be examined in the next hearing.

 

Cause Title: Jamiat Ulama-E-Hind Gujarat and Anr. v. Union of India & Anr [WPPIL/54/2022]