Article 28 of CoI : Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

CoI

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Explanation using Example

Example 1:

Rahul is a student at a government school in Delhi, which is fully funded by the State. One day, the school administration decides to introduce Hindu religious classes as part of the curriculum. Rahul's parents, who follow a different religion, object to this decision. According to Article 28(1) of the Constitution of India, the school cannot provide any religious instruction since it is wholly maintained out of State funds. Therefore, the school must cancel the religious classes to comply with the law.

Example 2:

St. Mary's School in Mumbai is a Christian missionary school that receives partial funding from the State but was established under a trust that mandates the teaching of Christian values and religious instruction. According to Article 28(2), the prohibition on religious instruction does not apply to this school because it was established under a trust that requires religious instruction. However, under Article 28(3), the school cannot compel any student to attend these religious classes or participate in religious worship without the consent of the student or, in the case of minors, their guardians. If a Hindu student named Priya attends St. Mary's School, she cannot be forced to participate in Christian religious activities unless her parents give their consent.

Example 3:

A public university in Karnataka, which receives substantial State funding, decides to organize a weekly prayer session in the university chapel. Some students feel uncomfortable participating in these sessions due to their different religious beliefs. According to Article 28(3), no student can be required to attend any religious worship conducted in the institution or its premises without their consent. Therefore, the university must ensure that attendance at the prayer sessions is entirely voluntary and that no student is penalized for choosing not to participate.

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