Article 28 of the Indian Constitution: Freedom as to Attendance at Religious Instruction or Worship in Educational Institutions
Introduction
Article 28 of the Indian Constitution lays down provisions for ensuring secularism in educational institutions while respecting the freedom of religion. It specifies guidelines for the inclusion of religious instruction and protects students from forced participation in any religious activity. This Article is significant in maintaining the secular fabric of India, where education remains free from state-sponsored religious influences.
India, as a sovereign, socialist, secular, and democratic republic, upholds secularism as a cornerstone of its democracy. The separation of religion from State matters ensures neutrality, especially in state-run institutions like schools and colleges, which cater to people of all religious beliefs. Article 28 ensures that public institutions funded by taxpayers’ money remain free from religious teaching while leaving room for religious freedom in certain specific cases.
Text of Article 28
The complete text of Article 28 of the Constitution of India is as follows:
"(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction or to attend any religious worship conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto."
Explanation of Article 28
Article 28 outlines the following key principles regarding religious instruction and worship in educational institutions:
Clause (1): No Religious Instruction in State-Funded Institutions
- Institutions that are wholly maintained by State funds are prohibited from imparting religious instruction.
- This ensures secularism in educational institutions funded by public money, promoting neutrality and inclusiveness in education.
- Example: Public schools and government colleges are not allowed to conduct Bible classes, Quran studies, or Hindu scripture teachings as part of their curriculum.
Clause (2): Exception for Endowed Institutions
- The prohibition under Clause (1) does not apply to institutions established by endowments or trusts that require religious instruction as part of their objectives.
- Even if the State administers such institutions, they can impart religious teachings as specified in the trust deed or endowment terms.
- Example: A college established under a trust to impart Vedic education may provide religious instruction even if it receives State support.
Clause (3): Protection of Individual Rights
- Students attending state-recognised or state-aided institutions cannot be forced to:
- Participate in any religious instruction.
- Attend religious worship.
- Participation in religious activities is purely voluntary, and for minors, guardian consent is mandatory.
- Example: A student in a state-aided private school cannot be forced to attend morning prayers of a specific religion.
Key Highlights of Article 28
| Category of Institution | Religious Instruction Allowed? |
|---|---|
| Institutions wholly funded by the State | No religious instruction allowed. |
| Institutions established under trust/endowment | Religious instruction allowed as per the endowment's conditions. |
| Private institutions receiving State recognition or aid | Religious instruction cannot be forced, requires consent. |
Significance of Article 28
Upholds Secularism
- Public institutions are barred from promoting specific religions, ensuring neutrality in the educational system.
Respects Religious Freedom
- Allows private or endowed institutions to impart religious teachings without interference, provided they respect individual consent.
Prevents Coercion
- Protects students from being compelled to participate in religious practices or worship.
Encourages Inclusivity
- Ensures educational institutions remain welcoming to students of all faiths.
Landmark Supreme Court Cases Related to Article 28
| Case Name | Judgment |
|---|---|
| Aruna Roy v. Union of India (2002) | The Court upheld the need for secular education, emphasizing that religious instruction in state-funded schools violates secularism. |
| Bijoe Emmanuel v. State of Kerala (1986) | The Court ruled that students cannot be compelled to sing the National Anthem if it contradicts their religious beliefs. This case emphasized freedom of religion and expression. |
| D.A.V. College v. State of Punjab (1971) | The Court ruled that institutions funded entirely by the State cannot impart religious instruction, reinforcing the principles of secularism. |
Challenges and Debates Around Article 28
Secularism vs. Cultural Education
- While Article 28 promotes secularism, critics argue that banning religious instruction entirely may hinder the cultural education of students.
- Many believe that religious teachings, when optional and inclusive, could contribute to students’ moral development.
State Aid to Religious Institutions
- Questions are raised about the government's involvement in religiously affiliated schools that receive State aid.
- Some argue that public funds should not indirectly support religious teachings.
Consent in Practice
- Ensuring voluntary consent for minors in aided institutions can be challenging, especially in rural or less-educated communities where guardians might lack awareness.
Comparison with Secularism in Other Countries
| Country | Policy on Religion in Education |
|---|---|
| United States | Strict separation of Church and State; religious instruction is prohibited in public schools. |
| United Kingdom | Allows religious education in state-funded schools but offers parents the right to withdraw their children. |
| France | Emphasizes "Laïcité" (strict secularism), banning religious symbols and teachings in public institutions. |
| India | Balances secularism and religious freedom, restricting religious instruction in State-funded institutions but allowing it in private and trust-run schools. |
Practical Implications of Article 28
Public Educational Institutions
- Must focus on providing secular and unbiased education without favoring any religion.
- Example: Government schools avoid including religious scriptures in their syllabus.
Privately-Managed Institutions
- Institutions established under religious trusts can impart religious instruction but must respect students’ right to opt out.
Aided Institutions
- Cannot enforce participation in religious activities or instruction, maintaining the voluntary nature of religious education.
Conclusion
Article 28 plays a pivotal role in safeguarding the secular character of India's education system while respecting individual freedom of religion. It ensures that State-funded institutions remain neutral, promoting an inclusive environment for students of all faiths. Simultaneously, it protects the rights of private or trust-funded institutions to impart religious education, as long as participation is voluntary.
By balancing secularism and religious freedom, Article 28 reflects the diverse and pluralistic fabric of Indian society, promoting harmony and understanding in an educational setting.
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