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Kendriya Vidyalaya (Rakeshnandi/Wikimedia Commons)
A petition that seeks a prohibition on the recitation of prayers in Hindi and Sanskrit in Kendriya Vidyalayas (KV) was referred to a Constitution bench by the Supreme Court on Monday (28 January), reports Tribune India.
A two judge bench headed by Justice Rohinton F Nariman referred the matter to the Constitution bench. Chief Justice Ranjan Gogoi will now decide on setting up an appropriate bench for the issue.
The Supreme Court, acting on the petition filed by a Madhya Pradesh resident Veenayak Shah, had asked the centre on 10 January to make its stand clear on the matter.
Solicitor General Tushar Mehta, opposing the petition, said that such prayers were not religious. He also cited a verse on the apex court’s emblem.
However, Justice Nariman said it needed interpretation of constitutional provisions by a larger bench.
Shah cited Article 28(1) of the constitution which states that religious instruction cannot be provided in an educational institution wholly funded by the state. Stating that the common prayer was a “religious instruction”, he argued that it should be prohibited.
He alleged that due to the prayer being enforced, parents and children of minority communities as well as atheists found it constitutionally impermissible.
The petitioner added that it went against secularism, and stunts scientific temperament among students as religious faith is being given priority.
He said that upon perusal, the prayers were apparently based on Hindu religion and were different in form and substance from prayers of other religious.
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