Madras High Court says Bhagavad Gita, Vedanta, Yoga not religious, junks home ministry order

Justice G R Swaminathan was hearing the plea of the Arsha Vidya Parampara Trust against the Home Ministry’s order under the Foreign Contribution (Regulation) Act (FCRA).

“What applies to the Bhagavad Gita would apply to Vedanta. It represents the pure philosophy evolved by our 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 added that by holding the applicant “appears to be a religious organisation”, the authority had not met the standard set out in the provision.

While noting that the trust applied for registration in 2021, the process of consideration picked up only in October 2024, the court said, “The authorities are expected to behave fairly. It is an elementary principle of good governance.”

Case

The Arsha Vidya Parampara Trust filed a plea seeking the court’s intervention against an order passed by the FCRA in September 2021 against the application for registration under the Act.

The FCRA rejected the trust application on two grounds. First, the petitioner had received foreign contribution (FC) funds without prior permission, and there has been a transfer of foreign contribution funds as a donation to another organisation, and the second ground was that the nature of the organisation appears to be religious.

The trust has asked the court to call for the relevant records, set aside the impugned order, and direct the authorities to approve the application for registration under the Act.

The petitioner has also sought any other relief that the court may consider appropriate in the interest of justice.

Decision

The court held that there has been a fundamental breach of the principles of natural justice. The impugned order suffers from the vice of disproportionality. In these circumstances, the petitioner is entitled to discretionary relief at the hands of this Court.

The court ruled that the impugned order is set aside and the matter is remitted to the file of the FACA.

“A fresh notice shall be issued to the trust 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,” the court ordered.

Observations

• Allahabad High Court in Shyamal Renjan Mukherjee v. Nirmal Ranjan Mukherjee held that the Bhagavad Gita may be recognised as national (Rashtriya) Dharma Shastra. It speaks about internal and eternal truth.
• 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.
• What applies to the Bhagavad Gita would apply to Vedanta also. It represents the pure philosophy evolved by our ancestors.
• As regards Yoga, it would be atrocious to view it through the prism of religion. It is something universal.
• An American Court observed that the practice of yoga is an entirely secular experience undertaken for reasons such as increasing physical flexibility, decreasing pain, and reducing stress. It can also be spiritual for others.
  Spirituality and religion are not interchangeable terms.