January 12, 2012
His Excellency
The Governor of Karnataka
Raj Bhavan,
Bangalore- 560001
Honourable Sir,
Subject: Compulsory Teaching of
Religious texts (Bhagvad Gita) in Government run Schools in the State of Karnataka – Breach of Article 27, Article 14 & 15 of the
Constitution of India by Minister of Education Mr.Visveshwara Hegde Kageri
We write to you as a group of deeply concerned
citizens seeking your immediate intervention at the Proposal of the Government
of Karnataka to initiate Compulsory Teaching of Religious texts (Bhagvad Gita)
in Government run Schools in the state.
The Minister of Education Mr.Visveshwara Hegde
Kageri had announced in Bangalore that the government is open to making Bhagvad
Gita teaching compulsory in schools.
Your Excellency is aware that such a position is
not merely illegal and irresponsible but also patently unconstitutional as it
seeks to violate the spirit of Article 27 of the constitution of India which prohibits
the state to promote the cause of a particular religion out of state funds and
state resources. The purpose of the article is to uphold the fundamental
principle of secularism in India.
It is consequently also Violative of Article 14 of
the constitution as every religious community should be provided equality
before the law and the state cannot promote one religious community at the cost
of another. Finally Article 15 of the
Constitution is also violated as the state seeks to discriminate between its
citizens on the basis of religion by promoting the holy text of one religion
over another.
Your Excellency is also conscious that the action
of the minister is also a criminal offence punishable under section 153A of the
Indian Penal Code as it will result in Promoting of enmity between different
groups on grounds of religion and such an act is prejudicial to maintenance of
communal harmony. This is because if
such a proposal is proceeded with, there will be competing demands from various
religious groups in the state for teaching of various other versions of the
holy texts resulting in serious law & order issue in the State.
Further, the Media has also reported that the Chief
Minister of the State Mr Sadananda Gowda has stated that public opinion would
be sought over whether the same should be implemented or not.
Your Excellency is cognizant of various judgments
of the Supreme Court and the well settled and established position in law which
states that Fundamental Rights of the Citizens Guaranteed by the Constitution
of India under Part III of the constitution are inviolable and not subject to
any public discourse or any amendments as they constitute the Basic Structure
of the Constitution of India.
In light of the above we seek your direct and
immediate intervention to prevent this unconscionable, unscrupulous travesty of
justice and gross violation of Fundamental Rights guaranteed under the
Constitution of India.
We appeal to your Excellency to seek an
explanation from Mr.Visveshwara Hegde Kageri, the Minister of Education of
Karnataka and the Chief Minister of the State Mr Sadananda Gowda, and also
direct them to uphold the dignity of their office, respect the Fundamental
Rights of the citizens and the constitution of India.
Thanking you,
Yours sincerely,
Members
of Nirmukta India
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