NEW DELHI, March 25: The Supreme Court on Wednesday refused to entertain a plea against a recent Home Ministry circular regarding the singing of the national song, Vande Mataram, at official events and schools, noting the directive was not mandatory.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi noted that there were no penal consequences prescribed for not singing the song, terming the plea “premature”. “We just feel that you have some vague apprehensions of discrimination which do not have any clear nexus with the impugned circular,” Justice Bagchi told senior advocate Sanjay Hegde, appearing for the petitioner, Muhammed Sayeed Noori.
Agreeing with Justice Bagchi, CJI Kant pointed out that the circular uses the word ‘may’, indicating that the directive is advisory in nature.
“It is a premature apprehension; if there are any penal consequences, you come to us,” the CJI said, adding, “The word ‘may’ is used in the circular. There are no penal or adverse consequences. Nobody has asked that you do it in your academy or school.”
The CJI further added, “This is only a protocol. The word used is ‘when it is played’. Earlier, we had a national flag protocol… which says what things are to be followed when the national flag is hoisted.”
Hegde, however, argued that even without a prescribed penalty for ignoring the advisory, it could lead to compulsions to sing Vande Mataram. He added that those who do not comply might be singled out, discriminated against, and threatened into conformity.
Noori has challenged the Ministry of Home Affairs circular from January regarding the protocol to be followed for singing the full stanzas of the Vande Mataram song.
During the hearing, Solicitor General of India Tushar Mehta, who was present in the court for another matter, said, “Do we need to be advised to respect the national song?”
Hegde objected to Mehta’s interjection without filing a formal reply to the petition. He argued that people of all religions, including atheists, would eventually be compelled to sing the song as a social demonstration of loyalty. Mehta referred to Article 51A(a) of the Constitution, which establishes the fundamental duty of every citizen to abide by the Constitution and respect its ideals, institutions, the national flag, and the national anthem.
Hegde responded that under Article 51A(a), a citizen only has a fundamental duty to respect the national flag and the national anthem, with no reference to Vande Mataram. (PTI)
