Supreme Court sends PIL against hymns sung in Kendriya Vidayalayas to constitution bench

A Supreme Court bench led by Justice RF Nariman on Monday referred to a Constitution bench the issue of whether religious prayers such as Asato maa saad gamaya (lead me from untruth to truth, darkness to light) can be sung in schools as they are done in Kendriya Vidayalayas now.

A PIL filed by a self-proclaimed atheist had challenged a government policy introducing the hymn as a prayer in centrally administered schools. The shloka is from the Brihadaranyaka Upanishad.

Petitioner Veenayak Shah claimed that a revised education code issued by the Kendriya Vidhyalaya Sangathan on December 28, 2012 had made it compulsory for all students in the morning assembly — much to the discomfiture of sceptics, atheists and agnostics. He claimed that nothing had been done to discontinue the practice despite representations to the authorities concerned. He argued that singing of religious hymns and prayers during morning school assemblies was not permissible under Article 28 of the Constitution, which specifically bar any religious instruction in government schools and those receiving state aid.