Constitution Section 28 — Freedom as to attendance at religious instruction or religious worship in certain educational institutions

Part III — FUNDAMENTAL RIGHTS — Right to Freedom of Religion

Constitutional

Summary

No religious teaching is allowed in any school or college that is fully funded by the government. However, this rule does not apply to a government-run school or college that was set up under a specific trust or endowment that requires religious instruction to be given there. No student attending a school or college that is recognised or receives government money can be forced to take part in any religious instruction or worship that happens there or in its attached buildings, unless the student—or their guardian if the student is a minor—has agreed to it.

Official Text

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

(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.

(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.