Catholic Bishop Council’s PIL Against Bhagavad Geetha in Schools Rejected by MP High Court

A Legal Triangle Around Srimad Bhagavat Gita

By Fr. Anand
Muttungal

From time immemorial Hindus hold Bhagwat Gita in the highest regard as
the Holy Scripture. It is believed to be the divine discourse by the Supreme
Lord Krishna Himself. It is believed to be the most popular scripture among all
the sacred scriptures of Hindu religious traditions and even among the followers
other religions. Every spiritual person regardless of religion holds the view
that Bhagwat Gita is one of the most important scriptures that provides spiritual
knowledge of the purpose and goal of human existence.

In the month of
December 2011 the people of India
went through an anticipated anxiety over the move to ban Bhagwad Gita by a
Siberian court in Tomsk city in Russia.  The Russian translation of the book ‘Bhagwat
Gita’ translated by Bhaktivedanta Swami Prabhupada, the founder of
International Society for Krishna Consciousness (ISKCON) was being sought to be
banned by a court for reportedly spreading “social discord”.

The issue attracted
protests from many Hindu organizations across the globe including Vishwa Hindu
Parishad, Bajarang Dal, Muslim and Christian organizations. The Lok Sabha
proceedings were disrupted repeatedly and Speaker adjourned the House twice. Mr.
Lalu Prasad said the government should lodge a strong protest with Russia, adding
“insult to Lord Krishna and the Gita will not be tolerated.’’ The members of
Shiv Sena, BJP, RJD, BSP, SP and Congress sought an immediate intervention by
the government.

Besides this Mumbai High Court hearing a petition on the same issue
directed the Union Government to take appropriate steps to avoid untoward
incident. Responding to the petition the council for the Petitioners Counsel M
I Sethna said, “It is a grave insult to our culture, it would cause
irretrievable damage to the country’s and rich culture and heritage”. Following these protests across the Country Indian External Affairs
Minister S M Krishna had met Russian Ambassador to India Alexander Kadakin to
convey its concern regarding the matter. The matter came to rest with the Russian Court
dismissing the petition seeking ban.

During this time a different matter related to Bhagwat Gita was pending
before the High Court of Madhya Pradesh. In the Month of May 2011 while reviewing
the education ministry the Chief Minister of Madhya Pradesh announced that
teachings of Bhagwat Gita will be taught in the schools. The announcement inclusion
of Bhagwat Gita alone into the educational curriculum drew protest from
socio-political and faith based organizations. An RTI quarry with the
department revealed that they were working on the announcement made by the
Chief Minister rather than a Government Order for the same.  So the faith based and secular organizations
persuaded with the Government. But when all options ended the Catholic Bishops’
Council approached the Jabalpur High Court asking to direct the State
Government to introduce an optional subject with the moral teachings of all religions.
The High Court asked the petitioner’s counsel to read Bhagwat Gita and come. Mean
while Chief Minister made another announcement to include teachings of all
religions in the curriculum. In this regard too no order has been issued. The
pending PIL again came up for hearing in the end of January 2012 which
delivered a judgment that draws many questions. .

If we read the media reports between the lines it makes one feel that probably
the HC wanted to clear the way for the teaching of Gita Saar in schools. The
Court’s interpretation that “Article 28 (1) we find that it does not ban moral
instruction dissociated from any denominational doctrines…. Gita is essentially
a book on Indian philosophy not book on Indian religion”, is absolutely
correct. But the verdict has thrown a serious question on the issue of age old
tradition and belief that Srimad Bhagavat Gita is the most revered Holy
Scripture of Hindu religion stands shattered. Will any scripture be able to
replace Bhagwat Gita in the minds of people?

The Government is silent on the verdict; a Minister of the Government who
said in a public function that Gita is a religious scripture changed his view
within hours. The whole lot of Hindu organizations, political establishments
and social organizations are silent on the issue. In the case of a possible ban
on Gita in a Russain Court,
Pravin Togadia stated that “Bhagwat Gita is not just a
book but is (God) for the Krishna devotees and
all Hindus.” Why did it not apply here, We need to wait and see the
implications and far reaching ripples of this holy silence within and out side
the country in the years to come.