• Right to not attend Christian prayers at Christian schools

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Right to not attend Christian prayers by Hindu children at Christian schools. In other words, the right to protect their religion.

Is there any law which protects Hindu children from attending Christian prayers in Christian schools. Hindu children at a young age are robbed of their religion without their consent.
Even parents should not be allowed to grant permission to attend Christian prayers.
They should not be forced to celebrate Christmas as they are Hindus.

Hindus don't ask them to recite mantras at their homes but at school they are forced to recite christian prayers. Obviously they are knowing more about other religion than their own. And these kids don't know that they are forced to do that. It is not optional for them.

Is there any law which can stop missionary school of not taking away fundamental rights of Hindu 

children of their own religion from missionary schools. 

Christian schools should not be allowed to force young Hindu students to attend 
Christian prayers.

I would be interested in a public interest litigation.
Asked 1 year ago in Constitutional Law from United States

1. Every pupil is a school will have to abide by the discipline and rules of school including attending prayer.

2. Since this is Christian school you can no expect them to tech your child hindu hyms. It is quite natural that during assembly they would attend christian prayers.

3. Now if they practice or propagate religious strictures or sermons then it is prohibited.

4. Otherwise a daily christian prayer is very much permissible and if you have any objection you can get your child admitted to any other school.

5. i do not think you should interpret their actions under orthodox religious colour.

Devajyoti Barman
Advocate, Kolkata
18104 Answers
260 Consultations

5.0 on 5.0

Organized prayer in the public school setting, whether in the classroom or at a school-sponsored event, is unconstitutional. The only type of prayer that is constitutionally permissible is private, voluntary student prayer that does not interfere with the school's educational mission.

Students have the right to engage in voluntary individual prayer that is not coercive. These kinds of acts are even banned in the United States of America as they violate the fundamental right of practicing religion voluntarily.

You can definitely file Public Interest Litigation in High Court or Supreme Court of India regarding this issue, as you have got a good prima facie case.

Siddharth Jain
Advocate, New Delhi
4955 Answers
55 Consultations

5.0 on 5.0

1) You can't force school rules and regulations. This is upto you what input you have to take or what not ?

2) If you practice Hindu mantras chanting at home and for just school rules you say pray its not harm any.

3) One should have hold on his own religion in the mind that no one can force from outside.

4) Here you won't stop doing anything against them of school rules and regulations.

Ganesh Kadam
Advocate, Pune
8167 Answers
68 Consultations

4.9 on 5.0

In the Indian context management of the school decides to prayer however the please are the common thing Hindi schools High School which is run by the missionaries introduces the Christian prayers and there is nothing wrong this is a savrin and if you don't wish that your child score at the Christian prayer you need not to choose that kind of school for education you may choose a school of the religious faith of you

Vimlesh Prasad Mishra
Advocate, Lucknow
5653 Answers
19 Consultations

4.9 on 5.0

Admission of a child in a Christian missionary school or under Christian administration implies that the school will conduct Prayers from the Bible prior to the commencement of class each day. However, propagation of Christianity through forced donations or paticipations, forcefully selling Christian religious materials or including the whole verse from Bible in educational material(other than thoughts or ideas), making the child enchant the prayers against his or her wish, nonetheless forceful conversion in any form is unconstitutional.

If you notice any of the exceptions mentioned above, you can directly file a writ petition to a High Court that has the jurisdition or the Apex court(Supreme Court). Although this is assuming that the concern is applies within the territory of India but this right is also protected in the Federal or State Laws of the United States of America.

Admisson or withdrawal of admission of a pupil is always within your control and rights and you can withdraw the child from the school at any point clearly stating the concern as a ground and the school authority must not deny this action.

Aniruddha Chakraborty
Advocate, Hyderabad
17 Answers

5.0 on 5.0

1) Hindu students cannot be forced to celebrate Christmas

2) students cannot be forced to attend Christian prayers in school

3) missionary’ school only encourage catholic students to attend church . Hindus are not compelled to attend church situated in the missionary schools

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Hello

He constitution of india specifically and categorically provides that one cannot be forced to follow the tenets of another religion without his her consent. A public institution cannot force a person to read or follow the sayings teachings of another religion.

Regards

Rahul Mishra
Advocate, Lucknow
4961 Answers
11 Consultations

5.0 on 5.0

Sir,there is no such law that stops them further there is no breach of any fundamental right of any children, the general schools all over Indian do hindu prayers wherein all children out of caste creed religion participate in the prayers,

There is no force and no school can force if child wishes to he can take a permission not to participate in the prayers.

These kind of petitions has been preferred before also wherein high courts have made observations to that there is no breach of any fundamental right in prayers.

Further if you wish to you can file a PIL before the high court and can pray before court for relief.

Further the SC is examining this issue in a PIL filed against the KV schools.

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

At the outset, this would not make a great subject to file a PIL.

Instead of filing a generalised PIL, I would like to suggest you to hunt for a cause of action which gives you a triggering factor to take recourse to a legal remedy. This triggering factor could be a catholic school punishing/admonishing a Hindu student for strictly following a Hindu religious practise, such as applying mehendi, wearing a religious locket/ ring etc. Filing a blanket PIL on the subjective is not going to yield any great results.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Dear Client,

It is violation of fundamental right to force Hindu children to recite christian prayer against their choice.

PIL maintainable under article 25 of Constitution.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

court will not entertain any such PIL

firstly the parents are at liberty to change the school

their wards can be admitted to a school which recites Hindu prayers and celebrates Hindu festivals

even if the ward attends a Christian prayer or celebrates Christmas, the children would not get converted to Christians

here it is the parents' responsibility to teach their children the faith which they want them to follow

the teachings should be so grounded and concrete that no visitation to prayers of other religion, would shake the faith of the children in the religion which they are taught by their parents to preach

this cannot be made a subject matter of a PIL, in my view

Yusuf Rampurawala
Advocate, Mumbai
4649 Answers
28 Consultations

5.0 on 5.0

In most situations students are not forced into reciting prayers and the same is entirely optional and can opted out for by the student or the parents. However, if you have come across such an incident of forced recital, it would be advisable to first contact the school authorities and impress upon them your concerns. Thereafter, depending upon the response, you may proceed further.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. There is no law like that.

2. In the alternative you may admit your ward in some other school which follows and spread hinduism.

Also, please understand that missionary schools have been running with some aim and objective and the same can not be challenged before the court.

I understand your concern but there happens to be no legal remedy.

regards

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

1. Those schools are affiliated by appropriate educational boards following the laid down educational curriculum.

2. However, if you think that your son is being forced to pray following Christian customs (i.e. reciting from bible), then you can file a Writ Petition before the High Court prying for an order upon the school directing its authority to allow your son to abstain from attending the said prayer.

Krishna Kishore Ganguly
Advocate, Kolkata
22757 Answers
612 Consultations

5.0 on 5.0

You can very well file a PIL on this, but be sure that against which organization are you going to file this.

Though plenty of Christian schools do this as what you have pointed out, but they can escape the wrath of law denying the allegations.

In the absence of substantial evidence the court may not interfere in this communally sensitive issue.

Thus you got to gather concrete evidences of the alleged crime in order to get the PIL numbered.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

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