Article 28 of The Indian Constitution: Freedom From Religious Instruction

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

28(1): No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

28(2): Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

28(3): No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

-Text in Constitution

Explanation of Article 28

This article helps to stop forcefully worshiping and attending religious instruction.

The provision of Article 28(1) that no religious instruction shall be provided in any educational institution wholly maintained out of State funds.

However, this provision shall not apply to an educational institution administered by the State but established under any endowment or trust, requiring imparting religious instruction in such an institution.

Further, no person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to attend any religious instruction or worship in that institution without his consent.

In the case of a minor (Age below 18), the consent of his guardian is needed.

Thus, Article 28 distinguishes between four types of educational institutions:

(a) Institutions wholly maintained by the State (Religious instruction is completely prohibited)

(b) Institutions administered by the State but established under any endowment or trust (Religious instruction is permitted)

(c) Institutions recognized by the State (Religious instruction is permitted on a voluntary basis)

(d) Institutions receiving aid from the State (Religious instruction is permitted on a voluntary basis)

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