HC issues notice to Union, State govts on ’Bhagavad Gita’ circular


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PTI

Bangalore, 14 July 2011: Karnataka High Court today ordered issue of notices to the state and union governments on a state government circular on teaching of ’Bhagavad Gita’ in primary and higher secondary schools.

Justice Abdul Nazeer ordered issue of notices after hearing a petition filed by Karnataka State Minorities Educational Institutions Managements Federation, challenging the June 9 2011 circular.

The court posted the petition for further hearing to July 21 The Petitioner submitted the Federation is a registered association to safeguard interests of Minorities Educational Institutions and that educational institutions run by it’s members are protected under Art. 29 and 30 of the Constitution in the light of the Supreme Court judgement in T M A Pai Foundation Vs State of Karnataka case.

It said Members of the Petitioner Association are governed by Karnataka Education Act 1983.As per section 141 of the Act, the Act or rules made under it are not applicable to any minority educational institutions to the extent they are "inconsistent" with rights guaranteed under Art 30 of the Constitution.

The petitioner contended the circular was contrary to the rights guaranteed to minority Institutions,which neither the Union nor the state government had a right to deviate from. In the absence of specific provision/section in Karnataka Education Act, the respondent cannot force the educational institutions to teach Bhagavad Gita. If it is allowed, then minority institutions may also teach Quran/Bible in schools where Hindus are also admitted as students.

"It will go against the Constitution and also affect the religous sentiments of the minority and may create communal tension in schools", the petitioner stated. The petitioner sought a direction to stay operation of the circular, in relation to the Federation’s members pending disposal of the petition.

 

 

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Comments on this Article
Philip Mudartha, Qatar Fri, July-15-2011, 7:55
1. Let the Honorable HC, and if necessary, SC interpret Articles 25 to 3O and adjudicate if the offending circular contravenes the constitution. 2. The vote bank of BJP is young and educated middle class, mainly from cities, towns and semi-urban villages. It wants to preserve and grow its vote bank. If it uses tax money to advance its political base, like if it employs or pays school teachers for religious instruction for propagation of faiths, it will break the law. Let law take its own course? 3. The state is secular; not atheist. The state, without contravening Art 28 (i), and laws framed under Art 25-30, must educate its citizens ABOUT religions. Religions is not a dirty word. If sex education is required in schools, why not religion? The debate should be not if religion should be on the syllabus, but HOW it should be taught and to whom?
Ronald Sabi, Moodubelle Thu, July-14-2011, 2:22
Education minister is lacking knowledge? Personal agenda should be kept mile away in public administration! It stinks when pushed beyond!! Wake up and be good!!
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