LAWS(MPH)-2012-1-62

CATHOLIC BISHOPS COUNCIL Vs. STATE

Decided On January 27, 2012
CATHOLIC BISHOPS COUNCIL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard on admission.

(2.) In Aruna Roy v. Union of India, 2002 AIR(SC) 3176 the Supreme Court has held that expression "religious instruction" used in Article 28(1) has a restricted meaning and conveys that teachings of customs, ways of worship, practices and rituals cannot be allowed in educational institutions wholly maintained out of State funds.

(3.) On reading of Clause (1) of Article 28 we find that it does not ban moral instruction, disassociated from any denominational doctrines, which is an essential part of training in citizenship, maintenance of law and order in the State, and growth of social cohesion. Gita is essentially a book on Indian Philosophy and not a book on Indian Religion. For these reasons, we find the petition wholly misconceived and dismiss it summarily.