Delhi High Court

PIL in Delhi HC Seeking Inclusion of ‘Dharma and Religion’ in School Syllabus

 A public interest litigation (PIL) has been filed in the Delhi High Court, seeking the Central and Delhi state governments to introduce a chapter on ‘Dharma and Religion’ in the primary and secondary school syllabus. The purpose is to educate the public and mitigate religious-based hatred and hate speech.

The petition further urges the Centre and Delhi State Government to use the appropriate meaning of “Religion” as “Panth” or “Sampradaya,” rather than “Dharma,” as a synonym for religion in official documents such as Birth Certificates, AADHAAR Cards, School Certificates, Ration Cards, Driving Licences, Domicile Certificates, Death Certificates, and Bank Accounts, among others.

The plea has been filed by Advocate Ashwini Kumar Upadhyay, a practicing lawyer and Delhi BJP leader. It argues that Dharma is non-divisive, non-exclusive, and non-conclusive. Dharma is a quest to comprehend the cosmic order of the universe and the order of consciousness at a personal level. In fact, “Dharma” transcends the narrow boundaries of religion.

According to the petition, Dharma offers boundless freedom of choice in methods and goals. It is inherently secular and can even encompass those who question Dharma itself. Dharma encourages free inquiry and does not seek to confine people to specific categories or denominations. This inherent tolerance and inclusivity enabled people in ancient times to pursue faiths independently of their rulers and vice versa.

It emphasizes that the rights and duties of rulers and citizens, although never codified, were always respected. Each institution in society and each individual instinctively knew where to draw the line and define limits. Tolerance is thus integral to Dharma, and plurality is inherent in it. These attributes of tolerance and plurality are not present in the concept of religion, the petition adds.

It also highlights that “Panth” and “Sampradaya” have some lack of knowledge and involve aspects that are not always logical. History has witnessed numerous wars and conflicts in the name of religion, which often influences a mass of people. In religion, people tend to follow a particular path or someone. In contrast, Dharma is an expression of wisdom.

The petition argues that Dharma and Religion have entirely distinct meanings, but government officials and employees of both the Centre and State often use the term “Dharma” as a synonym for “Religion” in various official documents, as well as in their verbal and written communication.

 

Nunnem Gangte

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