Article 28 of the Indian Constitution Introduction Article 28 of the Indian Constitution deals with the freedom of religious instruction i...

 

Article 28 of the Indian Constitution

Introduction

Article 28 of the Indian Constitution deals with the freedom of religious instruction in educational institutions. It ensures that educational institutions maintain secular values while protecting the rights of individuals regarding religious teachings. The article primarily focuses on the role of religion in state-funded and government-recognized institutions.

Provisions of Article 28

Article 28 is divided into three main clauses:

1. No religious instruction shall be provided in any educational institution wholly maintained out of state funds. This ensures that public educational institutions do not promote or favor any particular religion, maintaining the secular nature of the state.

2. Institutions administered by the state but established under an endowment or trust permitting religious instruction can provide religious teachings. This means that if an institution was founded with a religious purpose and is now run by the state, it can continue providing religious teachings, provided it was permitted by the original trust or endowment.

3. No individual shall be required to take part in religious instruction or attend religious worship in an institution recognized or aided by the state unless they voluntarily consent (or their guardian consents in the case of minors). This protects individuals from forced religious education, even in institutions that receive partial state funding.

Significance of Article 28

• Maintains Secularism: Ensures that government-funded institutions do not promote any specific religion, preserving the secular fabric of the nation.

• Protects Freedom of Religion: Allows religious teachings in certain institutions while safeguarding individual choice and preventing coercion.

• Upholds Fundamental Rights: Aligns with Article 25 (Freedom of Religion) and Article 26 (Freedom to Manage Religious Affairs), reinforcing the right to practice and propagate religion.

• Prevents Religious Bias: Ensures that students in state-funded institutions are not forced into religious instruction, thus preventing religious discrimination.

• Balances Religious and Educational Rights: Provides scope for religious education in specific institutions while ensuring that no citizen is compelled to participate against their will.

Impact and Interpretation

• Government Schools & Colleges: These institutions are strictly prohibited from offering any religious instruction as they are entirely state-funded.

• Private Religious Institutions: Such institutions are allowed to provide religious education if they are not fully funded by the government. They can offer religious teachings based on their affiliations.

• Aided Institutions: Institutions receiving partial government aid can offer religious instruction, but students cannot be compelled to participate in it.

• Judicial Interpretations: Courts have upheld that forced religious instruction in government-funded schools is unconstitutional. The judiciary has played a crucial role in ensuring that Article 28 is implemented in letter and spirit.

Landmark Cases Related to Article 28

• Aruna Roy v. Union of India (2002): This case discussed the inclusion of religious values in moral education and how it aligns with Article 28. The Supreme Court upheld that secular moral values can be imparted but should not favor any particular religion.

• D.A.V. College v. State of Punjab (1971): The court ruled that religious instructions in a university established under a private trust do not violate Article 28, provided there is no coercion on students to attend.

Challenges and Debates

• Balancing Secularism & Religious Freedom: Ensuring that secularism is maintained without infringing on cultural traditions remains a challenge. Some believe that completely excluding religious teachings from education can be an extreme measure.

• Misinterpretation of the Law: Some institutions attempt to include religious teachings under cultural or moral education, leading to debates over the fine line between religion and values-based education.

• Role of Private Institutions: The regulation of religious teachings in private institutions receiving government aid continues to be debated. While they have autonomy, their government funding raises concerns about potential indirect state involvement in religious education.

• Uniformity in Implementation: The application of Article 28 varies across states and institutions, leading to inconsistencies in enforcement and interpretation.

Comparison with Other Countries

• United States: The First Amendment prohibits the government from establishing or endorsing any religion, ensuring a strict separation of church and state.

• United Kingdom: Religious education is permitted in schools, but students have the right to opt out. Many state-funded schools in the UK have religious affiliations.

• France: Follows a strict secular policy (laïcité), prohibiting religious instruction in state-funded schools.

Conclusion

Article 28 is crucial in maintaining India's secular fabric by ensuring that state-funded institutions remain neutral in religious matters while protecting individuals' rights to religious freedom. It upholds the principles of the Constitution by preventing state-sponsored religious influence in education. However, ongoing debates about the role of religious education in a secular state make it a continuously evolving issue.

Do you think religious education should be allowed in government-aided schools? Share your views!