An atheist school teacher’s case in Nashik before the Bombay HC resonates with the recent case of a Dalit teacher’s suspension in Rajasthan.

Representational Image. Image Courtesy: Flickr

Can anyone compel a teacher to offer prayers inside a school?

This was a little vexed question before the Bombay High Court when a case came up before a two-judge bench led by Justice Abhay Oka and Justice Revethi Mohiti-Dhere. Sudhir Salve, an atheist teacher from a school in Nashik — who otherwise had an excellent record in his profession — had approached it for relief, because the school management where he worked had denied increment to him for ‘indiscipline’.

The teacher’s refusal to fold hands at the time of school prayer or even at the time of taking oath of the Constitution was construed as such an act. As it happens in most such cases, Salve’s case had lingered on for more than six years in the lower courts.

But it did not take much time for the two-judge bench to decide the case, which declared that any such compulsion to fold hands will be a ‘[v]iolation of the fundamental rights conferred on an individual under the Constitution’.

One was reminded of Salve’s case when the suspension of Hemlata Bairwa, a Dalit lady teacher from an upper primary school in Rajasthan’s Baran district, made headlines recently.

To recapitulate the turn of events, it was Republic Day (January 26, 2024) and Bairwa had garlanded the portraits of B.R. Ambedkar, Savitribai Phule and Mahatma Gandhi before the assembly of students in her school. Two of her fellow teachers interrupted the programme and asked her to put a photograph of Saraswati, goddess of knowledge as per Hindu mythology, which she plainly refused. Despite pressure by them, who even allegedly made casteist slurs against her and were even helped by the local head of the panchayat, Bairwa refused to relent.

When the video of the whole incident went viral, the state education minister Madan Dilawar announced her suspension in a public programme — an act that evoked a strong reaction within the Dalit community. Demonstrations were held in different parts of the state opposing this action by the education minister, demanding revocation of the suspension order and removal of the minister from the post.

The question arises: Will Bairwa similarly have to wait for a long period like Salve for justice? Or whether the Bombay High Court’s intervention would impel the Rajasthan High Court to take up her case suo motu.