Allahabad HC judges observation over Gita sparks controversy

An observation by Justice S N Srivastava of Allahabad High Court that it is the duty of the State to recognise the Bhagvad Gita as rashtriya dharma shastra (national religious doctrine) has sparked a controversy.

Allahabad, Sept 11 : An observation by Justice S N Srivastava of Allahabad High Court that it is the duty of the State to recognise the Bhagvad Gita as 'rashtriya dharma shastra' (national religious doctrine) has sparked a controversy.

The constitutional circuits outraged by the statement said this dictum is against the Constitution.

"If we interpret Article 25 of the Constitution, then there is no scope of delivering such a judgement, saying a particular religious book can be a guiding force or be accepted as a national religious doctrine. This dictum is against the principles of Article 25 of the Constitution and also the promise of secularism in the Preamble of the Constitution," said F M A Kazmi, a legal luminary.

However, some lawyers have welcomed the ruling, saying the Gita truly represents the unity amidst diversity of India.

"Our honourable judge observed that the Bhagwad Gita is a religious doctrine of the humanity as a whole. There is no discrimination in the book. It is not a book of a community or a caste but of everyone. It is a book representing unity," said I. N. Singh, an advocate.

While hearing a case of dispute over a temple on August 30, Justice Srivastava passed an order that "it is the duty of every citizen of India under Article 51-A of the Constitution - irrespective of caste, creed or religion - to follow the dharma propounded by the Bhagvad Gita".

Giving this ruling on a writ petition by S R Mukherjee, Justice Srivastava said the Gita was a "dharma shastra" of India.

His argument being that if India can have a National Flag and National Anthem, Bhagvad Gita can also be considered as national 'dharma shastra' (religious doctrine).

The Bhagwad Gita is a Sanskrit text, part of epic Mahabharat. It is a conversation between Lord Krishna and warrior prince Arjuna in the battlefield, prior to the start of a climactic war.

Justice Srivastava had stirred a furore earlier this year, when he ruled that Muslims were not a minority group in the State and educational institutions run by them were not entitled to benefits.

ANI