http://www.thehindu.com/news/national/pray-what-wrong-did-i-do-asks-atheist-teacher/article5080102.ece#.UiRR0EF4fT4.gmail


  MUMBAI, September 1, 2013
 Pray, what wrong did I do, asks atheist teacher

Alok Deshpande


   [image: Sanjay Salve says compulsory prayer is contrary to Article 28
(3) of the Constitution. The English teacher, who embraced Buddhism, is
seen at his home in Nashik.]
  Sanjay Salve says compulsory prayer is contrary to Article 28 (3) of the
Constitution. The English teacher, who embraced Buddhism, is seen at his
home in Nashik.

  When all in his school fold their hands during prayer, Sanjay Salve keeps
his hands firmly behind his back. The 41-year-old English teacher in Nashik
is fighting imposition of prayers during school hours. “Only the national
anthem should be played in school,” he says.

 But Mr. Salve has paid a price for his “defiance.” Though eligible for a
higher pay grade since 2008 - the year after his revolt - he has been
denied it for ‘indiscipline.’ The management of the state-funded Savitribai
Phule Secondary School sullied his 2008-09 Confidential Report. It was the
same management which gave him excellent CRs in the preceding 12 years.
“And fellow teachers with whom I once had cordial relations now avoid me,”
he says.

 Ironically, the school has been named after one of Maharashtra’s greatest
19th Century social reformers. Savitribai was the first woman teacher in
the first women’s school and founded one for girls from the marginalised
castes. Mr. Salve is an assistant teacher in the school run by the Mahatma
Phule Samaj Shikshan Sanstha. Of nearly 1,600 students here, almost 60 per
cent are either OBCs or Dalits. Around 35 per cent are Muslims. Mr. Salve
is a Dalit who embraced Buddhism. The school management is overwhelmingly
OBC.

 Mr. Salve, who joined the school in 1996, says “the national anthem can
instil more values in students. In any case, compulsory prayer is contrary
to Article 28 (3) of the Constitution. Nor is there scope for it in the
Maharashtra Secondary School Code.”

 He has sought redress from the Bombay High Court. The next hearing in the
case - whose outcome could seriously impact the debate over religious
preaching and prayer in schools - is on September 6.

 The son of poor parents who never finished school, Mr. Salve is a B.A.
B.Ed. His wife is completing an M.Phil. Savitribai Phule would have been
proud of them. The school isn’t.

 It all began in June 2007 when Mr. Salve and other teachers waited in the
playground for the day’s prayer session to begin. “As students began their
prayers and pledge, I remained standing as I was, my hands behind my back.
Everyone else was praying with folded hands. My action was spontaneous and
not intended as a revolt. I just stood there, wondering why I should pray
to the god of a religion which I do not follow,” he says.

 Only a furious headmaster, Madhukar Bachchav, noticed his action and
demanded a written explanation from him. “I told him I am an atheist and
cannot participate in prayers to any god, that such compulsion violates the
Constitution,” says Mr. Salve.

 “Had we overlooked this indiscipline, it might have spread to others. It
was on this ground we did not find his work satisfactory. Hence, he was
denied the higher pay grade,” Mr. Bachchav says.

 With no other complaint on record against Mr. Salve, that ‘indiscipline’
remains the sole ground for his continued punishment. The issue remained
unresolved in 2009 despite his repeated complaints to government
authorities. In 2010, a Division Bench of the Bombay High Court directed
the Education Officer of Nashik district to act on the issues raised in Mr.
Salve’s complaint.

 Despite multiple letters from the Education authorities over the next two
years, and even a legal notice in 2012, the management did not relent.
Government officers warned the school that they might cut off its funds.
But no action was ever taken.

 “Hence Mr. Salve has once again approached the High Court for strict
compliance with the secondary school code,” says his counsel Sanghraj
Rupwate. Rule 45 (9) of that code directs schools to begin the day with the
national anthem. It mentions no prayers or pledges.

 *“I am not scared”*

 Not everybody is supportive. “Some distant relatives wanted me to withdraw
the case. My own family is not enthused by this battle. But they support
me, if reluctantly. Ever since the murder of Dr. Dabholkar, they have asked
me to keep them informed of my whereabouts at all times. I am not scared
but have started taking precautions,” he says. He believes the courts will
vindicate him.

 Mr. Salve’s petition cites clause Article 28 (3) which states: “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.”

 The headmaster holds firm. “I would have permitted his absence from
prayers had he requested me. What is wrong in folding hands while praying?
Prayers instil values in students.”

 Mr. Salve believes his right of religious freedom derives from the
Constitution. “Why should I request anybody else for it? I will battle till
the end. It’s not only about money, but about my identity as well.


-- 
Peace Is Doable

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