“Don’t use religion as synonym of Dharma”: Plea filed in Delhi High Court

Delhi High Court asked the central government to respond immediately to a petition that demanded proper usage of the terms “religion” and “dharma” in official documents, stating that “religion” should not be used as a synonym of Dharma. In the additional prayer of the petition, it was also sought that a chapter regarding religion and dharma should be included in the curriculum to enlighten students and help them get rid of religious hatred and hate speech.

A bench consisting of Chief Justice Designate Manmohan and Justice Tushar Rao Gedela clarified that courts are not Theological or Philosophical authorities and have no role in determining school syllabuses. “We don’t decide the school curriculum. If we start inserting chapters, that will be the end of the matter,” Justice Manmohan remarked.

The court refuses to intervene in curriculum matters

The court dismissed the petitioner’s expectations that it would take up the issue of educational content, deprecating them for making such an assumption. “You are mistaking us for philosophers or theological experts. We are no one to get into all this.” The judges emphasized that language and its evolution are societal matters and cannot be directed by the courts, except in cases where it is “obscene or contrary to the spirit and letter of the law.”

The plea was of the view that “dharma” should not be equated with “religion” in birth certificates, Aadhaar cards, school certificates, ration cards, driving licenses, domicile certificates, death certificates, and bank accounts. According to the petitioner, “dharma” is a non-divisive and unifying principle, and religion has always been a cause of division in the past.

Petitioner advocates for clear distinction between ‘Religion’ and ‘Dharma’

According to the petitioner, “Religion is a tradition or a spiritual lineage, referred to as ‘sampradaya’ (community), whereas dharma transcends narrow boundaries and is about wisdom.” The plea contended that people should say “Vaishnav sampradaya” instead of “Vaishnav dharma” or “Buddhist sampradaya” rather than “Buddhist dharma” to avoid misunderstandings.

The court asked the Union ministries of Culture and Education to treat the petition as a representation and decide on it according to law. “The ministry will decide this. We are not getting into all this,” Justice Manmohan stated.

The petitioner in the papers submitted pointed out that religion has always been an element of divisiveness, whereas “dharma” is the harmonizer. He pleaded with the government that such a distinction should be clearly spelled out in official documents so that the religious strife is not continued any further.

The court ruling not to intervene on the matter reinstates its stance on maintaining a separation between legal adjudication and theological or educational reform.

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