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2015 DIGILAW 1200 (RAJ)

Azmat-E-Rasool (s) Foundation v. State of Rajasthan

2015-06-30

AJIT SINGH, ANUPINDER SINGH GREWAL

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JUDGMENT : Heard on admission. 2. By this petition, the petitioners have challenged the validity of order dated 3.2.2015 passed by respondent No.4 wherein all the students going to Government Middle and Higher Secondary Schools in the State of Rajasthan have been directed to compulsorily participate in the Sessions of singing of national song "Vande Matram", to perform Surya Namaskar, to do Yoga and meditation every morning to be held there. 3. The petitioners represent members of Muslim Community. According to them, national song mentions goddess Durga and its singing will amount to worshiping goddess which is prohibited in their religion. In reply to this submission, the State has referred to the edited version of national song which has been approved by the Congress Working Committee and the edited version does not refer to any goddess. According to the State Government, it is only this edited version of national song has been made compulsory for singing in Government schools. 4. The edited approved version of national song reads as under : - ^^oUns ekrje oUns ekrje lqtyka lqQyka ey;t 'khryke~ 'kL;';keyka ekrje~A 'kqHk T;ksRluk&iqyfdr ;kfeuhe~ QqYydqlqfer&nqeny 'kksfHkuhe~ lqgkfluh lqe/kqj Hkkf"k.khe~ lq[knka ojnka ekrje~AA oUns ekrje~ 5. The English translation of national song is as follows : - "I bow to thee, Mother, richly watered, richly fruited, cool with the winds of the south, Dark with the crops of the harvests, the Mother Her nights rejoicing in the glory of the moonlight her lands clothed beautifully with her trees in flowering boom sweet of laughter, sweet of speech The Mother, giver of boons, giver of bliss Vande Mataram" 6. From the reading of above-quoted edited approved version of national song, it is clear that there is no mention of any goddess or religion. We are, therefore, of the view that its singing has no religious overtones and no fundamental right of any citizen is violated if he is required to sing the same. 7. As regards direction to compulsorily perform Surya Namaskar and to do Yoga every morning in the school vide order dated 3.2.2015, the respondent No.4 has passed another order dated 29.06.2015 clarifying that Surya Namaskar is part of practicing Yoga and the students will have option to practise or not to practise any particular Yoga. 7. As regards direction to compulsorily perform Surya Namaskar and to do Yoga every morning in the school vide order dated 3.2.2015, the respondent No.4 has passed another order dated 29.06.2015 clarifying that Surya Namaskar is part of practicing Yoga and the students will have option to practise or not to practise any particular Yoga. The State Government has thus, made performance of Surya Namaskar and practise of Yoga by the students in all the Government schools as optional. 8. Likewise, with regard to practise of meditation by the students, the Officer in-charge of the case has stated on affidavit on behalf of the State Government that no student will be required to chant any mantra while practicing meditation. Therefore, meditation without chanting of any mantra cannot be held to have any religious overtones. 9. For these reasons, we find no good ground to admit the petition. It is accordingly dismissed. Petition Dismissed.