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New Delhi: “Bhagavad Gita is not a religious book. It is rather a moral science.” Madras High Court judge G.R. Swaminathan made this remark while directing the Centre to reconsider a Coimbatore-based trust’s application for its empanelment under the Foreign Contribution (Regulation) Act, 2010 (FCRA).
The trust had challenged the central government’s decision to reject its application for approval under FCRA, which would have enabled it to receive foreign funds.
While rejecting the Arsha Vidya Parampara Trust’s application, the Centre had said it had received foreign funds without prior permission and that the nature of the organisation appeared to “be religious”.
During the hearing before the HC, it was argued that the trust was a religious body since it was engaged in teaching the Bhagavad Gita. Besides, it imparted training to students, including international, in Hath Yoga, Yoga philosophy and also digitised and preserved ancient manuscripts.
“During the course of arguments, it emanated that because the petitioner is also engaged in imparting the message set out in Bhagavad Gita, the authority came to the conclusion that the petitioner is a religious body. Bhagavad Gita is not a religious book. It is rather a moral science,” the judge said.
Referring to a 2007 decision of the Allahabad High Court, Justice Swaminathan said the Bhagavad Gita speaks about internal and eternal truth and, therefore, could be recognised as a national (Rashtriya) Dharma Shastra.
“Article 51-A(b) of the Constitution of India states that it shall be the duty of every citizen of India to cherish and follow the noble ideals which inspired our national struggle for freedom. Article 51-A(f) talks about valuing and preserving the rich heritage of our composite culture. Bhagavad Gita cannot, therefore, be confined within a given religion. It is a part of Bharatiya civilisation,” Justice Swaminathan added.
The court ruled that teaching Vedanta and Yoga should not be viewed through a narrow religious prism, as Yoga is a universal, secular experience focused on physical and mental well-being.
Arsha Vidya Parampara Trust, the petitioner, is a charitable trust whose primary objective is the dissemination of traditional Indian knowledge and the preservation of its cultural heritage through a variety of educational and technical initiatives.
The dispute began when the Ministry of Home Affairs in September rejected the petitioner’s application for registration, citing past technical violations and the “religious” nature of the trust’s activities, without affording the trust the opportunity to respond.
However, the petitioner argued that its status as a non-religious charitable trust had already been affirmed by the Income Tax Appellate Tribunal, which granted it registration under Section 12A of the Income Tax Act.
While ascertaining the facts, the court observed: “The petitioner was never put on notice in this regard. This is a clear violation of the principles of natural justice. That apart, the (government) order does not mention the name of the organisation to which the transfer (foreign contribution) has been made. The details are blissfully absent. It does not state when the transfer was made. The impugned order suffers from the vice of vagueness in this regard.”
Finally, the court allowed the petition and directed the Centre to hold a hearing in the matter afresh, after following the due process in law.
“A fresh notice shall be issued to the petitioner seeking their response as to whether the transfer of FC fund was made. But such a notice has to be based on relevant materials. It cannot be vague. After obtaining the response of the petitioner, an order afresh shall be passed after taking note of the observations made in this order,” the court said.
Justice Swaminathan has been in the news for his controversial order in the Deepathoon case, which sparked protests and outrage in Tamil Nadu, with the INDIA alliance partners seeking his removal as an HC judge.
(Edited by Viny Mishra)
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