Chhattisgarh HC dismisses plea against mantras in govt schools
Synopsis
Key Takeaways
The Chhattisgarh High Court on 8 July 2026 dismissed as premature a writ petition challenging the state government's directive mandating the recitation of the Saraswati Vandana, Gayatri Mantra, Guru Mantra, Shanti Mantra, and other invocations during school assemblies in government schools from the 2026-27 academic session. A single-judge bench of Justice Amitendra Kishore Prasad found no coercive element in the order and held that petitioners had failed to demonstrate any actual violation of fundamental rights.
What the Court Ruled
Justice Prasad held that a careful reading of the impugned order dated 12 June 2026 revealed 'no mandatory or coercive direction compelling students to act in a manner contrary to their respective religious beliefs, conscience or faith.' The bench further observed that the government order, read as a whole, disclosed no 'express requirement obligating students to participate in any activity that would interfere with their constitutionally protected freedom of religion or freedom of conscience.'
Critically, the court noted that the petitioners had placed no material on record to establish violation of any fundamental right, and that 'no individual or direct injury has been shown.' The petition was accordingly dismissed as premature, though the court reserved liberty for petitioners to return with fresh proceedings supported by cogent material if a concrete grievance arises.
Who Filed the Petition and What They Sought
The petition was filed by Abdul Salam Rizvi, former chairman of the Chhattisgarh Waqf Board; Mahendra Chhabda, former chairman of the Minority Department; and Bilaspur-based social activist Shafique Ahmed. They sought quashing of the June 12 order and a declaration that compulsory recitation of the Saraswati Vandana, Guru Mantra, Gayatri Mantra, Shanti Mantra, Bhojan Mantra, and similar prayers in state-funded schools was unconstitutional.
The petitioners contended that the directive violated Articles 14, 21, 25, 28(1), 29, and 30 of the Constitution by compelling students from minority communities to participate in religious practices associated with a particular faith.
The State Government's Defence
The Chhattisgarh state government opposed the plea, arguing it rested on speculative apprehensions and that the policy neither amounted to religious instruction nor to conversion. The state submitted that the circular had already been implemented across government schools without any complaint from students, parents, or teachers. Officials further contended that the prescribed invocations were intended to promote discipline, moral values, environmental awareness, and national heritage in alignment with the National Education Policy (NEP), 2020.
The Constitutional Question on Article 28
Agreeing with the state's submissions, Justice Prasad examined the scope of Article 28(1) of the Constitution, which prohibits religious instruction in institutions wholly maintained out of state funds. The court held that the expression 'religious instruction' under Article 28(1) carries a restricted meaning — it bans the teaching of religious customs, rituals, and modes of worship, but does not prohibit 'moral instruction, disassociated from any denominational doctrines, which remains an essential part of training in citizenship, maintenance of law and order in the State and growth of social cohesion.'
This distinction between religious instruction and moral instruction is likely to be a focal point if the matter returns to court with fresh evidence. The ruling does not foreclose a future challenge; it simply holds that the current petition was premature for want of demonstrated injury.
What Happens Next
The dismissal is not a final verdict on the constitutionality of the directive. The court has explicitly left the door open for a fresh petition backed by concrete evidence of harm. Legal observers note that the outcome could differ significantly if petitioners document specific instances of students being compelled to participate against their will. The matter is being closely watched by minority rights groups and education policy advocates across the country.