One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a student pursuing BSc Biology at XYZ College in City A, approached me regarding a concerning situation. The college had recently appointed a new principal who made morning assembly attendance mandatory for all students. Mr.X, being an atheist, felt uncomfortable participating in religious activities during assembly. He mentioned that faculty members from his department, who considered themselves superior due to teaching science-based subjects, were particularly insistent about forced attendance. The assembly included prayers and religious content that went against Mr.X’s personal beliefs and conscience. He wondered whether he could take legal action against the college for violating his fundamental rights and forcing participation in religious activities against his will.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document all instances of forced participation in writing with dates and witnesses
• Request written clarification from college administration about assembly content and mandatory nature
• Explore internal grievance mechanisms before approaching courts
• Consider filing writ petition under Article 32 or 226 challenging violation of fundamental rights

Applicable Sections of Law

The primary legal framework involves constitutional provisions rather than criminal law. However, if coercion or harassment occurs, relevant BNS sections include Section 351 (criminal intimidation), Section 352 (intentional insult), and Section 115 (abetment). Under BNSS, Section 173 governs cognizance of offences. The main remedy lies in constitutional law through Articles 25 (freedom of conscience and religion), Article 19 (freedom of speech and expression), and Article 21 (right to life and personal liberty). Educational institutions cannot compel students to participate in religious activities against their conscience.

If You Are the Complainant

• File formal written complaint to college administration citing constitutional violations
• Approach University Grants Commission if it’s a recognized institution
• Contact state education department for intervention
• File writ petition in High Court under Article 226 challenging mandatory religious assembly
• Seek interim relief to exempt you from assembly attendance pending final decision

If You Are the Victim

• Maintain detailed records of all incidents where religious participation was forced
• Gather support from like-minded students facing similar issues
• Document any academic consequences or threats received for non-participation
• Preserve evidence of assembly content that violates secular principles
• Seek protection from any retaliation through appropriate legal channels

How the Police Behave in Such Cases

Police typically show reluctance in registering FIR for such matters, considering them civil disputes. They may suggest approaching education authorities first. If criminal elements like threats, harassment, or coercion are involved, police become more responsive. Generally, they advise pursuing constitutional remedies through courts rather than criminal proceedings. Police intervention becomes necessary only when physical intimidation or academic penalties are imposed for refusing religious participation.

FAQs People Normally Have

Can college force religious activities? No, educational institutions cannot compel students to participate in religious activities against their conscience as it violates Article 25.

Will challenging affect my academics? Legal protection exists against academic retaliation for asserting constitutional rights.

Is this only for minorities? Freedom of conscience applies to all individuals regardless of their religious beliefs or lack thereof.

Can private colleges do this? Even private educational institutions cannot violate fundamental rights of students.

What Evidence Is Required?

• Written notices or circulars making assembly attendance mandatory
• Audio or video recordings of assembly content proving religious nature
• Witness statements from fellow students
• Documentation of academic consequences for non-attendance
• College prospectus and admission documents showing secular nature
• Correspondence with college administration regarding the issue
• Medical certificates if stress-related health issues arise

How Long Will the Investigation Take?

Constitutional cases through writ petitions typically take 6-18 months depending on court schedules and case complexity. High Courts often grant interim relief within weeks if fundamental rights violation is prima facie established. Administrative remedies through education departments may resolve issues faster, within 2-3 months. The timeline depends on the institution’s cooperation and willingness to address constitutional concerns raised by students.

Advocate Sudhir Rao, Supreme Court of India