Daijiworld Media Network - Chennai
Chennai, Dec 24: The Madras High Court has observed that the Bhagavad Gita is a “moral science” and an integral part of Bharatiya civilisation, and not a religious book in the narrow sense.
Justice G R Swaminathan made these observations while hearing a plea filed by the Arsha Vidya Parampara Trust challenging an order of the Union Ministry of Home Affairs under the Foreign Contribution (Regulation) Act (FCRA), which had rejected the trust’s application for registration.
The FCRA authorities had denied registration on two grounds — that the trust had allegedly received foreign contribution without prior permission and transferred such funds to another organisation, and that the trust appeared to be a religious body as it imparted teachings from the Bhagavad Gita.
Rejecting this reasoning, the court said, “The petitioner is also engaged in imparting the message set out in the Bhagavad Gita, the authority concluded that the petitioner is a religious body. The Bhagavad Gita is not a religious book. It is rather a moral science.”
Justice Swaminathan further observed that the same principle applies to Vedanta, which represents pure philosophy evolved by India’s ancestors. “As regards Yoga, it would be atrocious to view it through the prism of religion. It is something universal,” the court said.
The court noted that merely stating that the applicant “appears to be a religious organisation” does not meet the legal standard required under the FCRA provisions. It also expressed concern over the delay in processing the trust’s application, pointing out that although the trust applied in 2021, the matter was taken up for consideration only in October 2024.
“The authorities are expected to behave fairly. It is an elementary principle of good governance,” the judge remarked.
The court held that there was a fundamental breach of the principles of natural justice and that the impugned order suffered from the vice of disproportionality. Setting aside the FCRA order, the High Court remitted the matter back to the competent authority for fresh consideration.
It directed that a fresh notice be issued to the trust, if required, seeking its response regarding the alleged transfer of foreign contribution funds, but clarified that such notice must be based on relevant material and cannot be vague.
In its observations, the court also referred to earlier judicial pronouncements and constitutional provisions, noting that the Bhagavad Gita reflects internal and eternal truths and forms part of India’s composite cultural heritage. Citing Article 51A of the Constitution, the court said the Gita cannot be confined within the bounds of any single religion.
The court further noted that spirituality and religion are not interchangeable terms, and even international courts have recognised practices such as yoga as secular and universal in nature.