HC rejects PIL by two corporators opposing implementation of practice; asks them to approach state govt first
The decision to implement suryanamaskar in around 1,200 civic schools, taken by a majority of BMC corporators and opposed by Samajwadi Party corporator Raees Shaikh and ex-Congress corporator Masood Ansari, stays for the time being. The Bombay High Court yesterday rejected a PIL filed by Shaikh and Ansari against it.
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‘Approach govt first’
A bench headed by Chief Justice Manjulla Chellur and Justice Mahesh Sonak asked the petitioners to make a presentation before the state government that has a right to quash any decision taken by the BMC under 520 B. “You first exhaust all the legal remedies available as per the Act; if you are not satisfied, come to us,” said Justice Chellur.
Also read - Mumbai: Suryanamaskar to be made mandatory in BMC schools
The bench also directed the state to take a decision in two weeks from the time a representation is made on the issue.
Shaikh and Masood had claimed that the decision taken by the BMC House and sent to the municipal commissioner under section 55 for implementation was null, void, bad in nature, and perverse, and the commissioner is required to be restrained by interim prohibitory injunction by the court.
The high court had, however, refused to grant any stay in earlier hearings.
What the PIL says
Ansari said in the petition that children being minors wouldn’t be able to approach the court to protect their fundamental rights. Children going to BMC schools are mostly from an economically weak background coming from all religions, castes, communities and creeds, he said, adding that this proposal violates their fundamental right under Article 226 of the Indian Constitution.
Ansari claimed that suryanamaskar is mostly followed by Hindus. His counsel Anjali Awasti said that there were no trained teachers available to teach suryanamaskar, which was supposed to be done during prayer time. Children come to school after having breakfast and suryanamaskar should be done on an empty stomach, the petition stated.
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