Supreme Court Dismisses Challenge to Vande Mataram Directive
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New Delhi, March 25 (NationPress) The Supreme Court on Wednesday rejected a petition that contested the Centre’s recent directive concerning the performance of the national song ‘Vande Mataram’ at public and official gatherings, stating that the plea was “premature” since the guidelines do not enforce compliance or suggest any penalties.
A Bench led by Chief Justice of India (CJI) Surya Kant, alongside Justices Joymalya Bagchi and Vipul M. Pancholi, noted that the notification issued on January 28 by the Union government was merely advisory in nature.
During the hearing, CJI Kant emphasized that the circular does not impose a requirement to sing ‘Vande Mataram’. “We will address these concerns when there are penalties or if it becomes mandatory. This notification is advisory and carries no penalties,” the Supreme Court stated.
Senior advocate Sanjay Hegde, representing the petitioner, contended that even without explicit penalties, the advisory could create a scenario of indirect coercion.
He claimed that individuals who decline to sing or show respect for the national song might face social pressure or discrimination. “There exists a burden on those who refuse. Under the guise of an advisory, individuals can be coerced into compliance,” Hegde argued, asserting that patriotism cannot be enforced and the Constitution must safeguard individual beliefs.
However, the CJI Kant-led Bench remarked that the fears expressed by the petitioner about potential discrimination were speculative at this moment. “Should there be any penalties or instances of discrimination, you are welcome to return to this Court,” the Supreme Court concluded, dismissing the plea.
The petition questioned the Centre’s circular, which recommended that ‘Vande Mataram’ be performed in educational settings and public events.
The government has clarified that the guideline aims to foster respect for the national song and is not legally enforceable. This matter also arises in the context of a renewed focus on the historical and cultural significance of ‘Vande Mataram’.
Recently, Prime Minister Narendra Modi referenced the “enduring spirit” of ‘Vande Mataram’ during a Lok Sabha discussion commemorating 150 years since its inception.
He characterized it as a unifying anthem that played a crucial role in India’s independence struggle and continues to motivate future generations.
Originally composed by Bankim Chandra Chattopadhyay in 1875 and later featured in his novel Anandamath, ‘Vande Mataram’ was set to music by Rabindranath Tagore and was first presented at the 1896 Indian National Congress session.
The song emerged as a significant rallying cry during the independence movement, inspiring leaders such as Lala Lajpat Rai, Bal Gangadhar Tilak, Bhagat Singh, and Subhas Chandra Bose. In 1950, India’s first President, Rajendra Prasad, recognized ‘Vande Mataram’ as the national song.