The Supreme Court on Tuesday sought the Centre’s response on a petition challenging the legal provisions and government directions concerning the singing of all six stanzas of Vande Mataram at official functions.
The petition has been filed by Carnatic musician T M Krishna, who has challenged the relevant provisions and argued that compulsory singing of the later stanzas raises questions relating to secularism and freedom of religion.
Editorial Insight
Key Highlights
Important points readers should notice.
Issue/Event: Supreme Court examines a challenge concerning compulsory singing of all six stanzas of Vande Mataram and related penal consequences.
Location: New Delhi.
Authority/Organisation: Supreme Court of India.
Action Taken: The Court sought the Centre’s response and indicated that the 1986 Bijoe Emmanuel principle concerning conscientious objection would require consideration.
Impact: The case could clarify the relationship between legal protection for the National Song and constitutional rights relating to religious freedom and conscientious objection.
A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana heard the matter.
During the hearing, the Court indicated that the key issue requiring examination was whether a person who declines to sing the National Song on religious or conscientious grounds could face penal consequences.
The bench referred to the Supreme Court’s 1986 Bijoe Emmanuel judgment, in which the Court protected schoolchildren who respectfully declined to sing the National Anthem on grounds of conscience.
Editorial Analysis
Why This Matters
The case brings together questions involving national symbols, criminal law and fundamental rights. The Court’s observations indicate that the legality of penal consequences for people who respectfully decline to sing on protected religious or conscientious grounds is a central issue before it. The hearing does not, however, amount to a final ruling on the validity of the amended provisions.
The Court indicated that the principle laid down in that judgment would need to govern the relevant legal provisions. At the same time, the bench said determining the National Song and its official form was a matter for the democratic state.
The Court did not issue a formal notice to the Centre at this stage but sought its response on the issues raised by the petition.
