Calcutta High Court Says Singing Vande Mataram in Madrasas Would Not Cause Harm, Observes During PIL Hearing
Court questions whether reciting a national song outside one's faith affects religious identity while hearing a challenge to West Bengal notification.
Kolkata: The Calcutta High Court on Tuesday made an oral observation during the hearing of a public interest litigation that singing all six verses of the national song Vande Mataram in madrasas would not create any serious issue.
A division bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Parthasarathi Sen was hearing a petition challenging a West Bengal government notification that made the singing of Vande Mataram compulsory in institutions functioning under the Minority Affairs and Madrasah Education Department.
During the hearing, the bench questioned whether asking a person to recite a song or statement that is not connected to their religion would affect their religious identity. The court referred to educational institutions run by other religious communities and observed that prayers are conducted in thousands of Christian schools, where students from different backgrounds participate.
The petitioner’s counsel argued before the court that the national anthem Jana Gana Mana holds a higher constitutional position than the national song Vande Mataram. The lawyer stated that singing Vande Mataram should not be made compulsory through force.
Responding to the argument, the Acting Chief Justice asked whether the state government had taken any disciplinary or strict action against institutions or individuals for not following the notification. The court noted that in the absence of any coercive action, the notification could not be considered an enforced obligation merely on the basis of apprehensions.
The Additional Solicitor General representing the West Bengal government sought time to present the state’s position and submit a detailed affidavit. He argued that a stay order should not be granted based only on assumptions or concerns.
In West Bengal schools and madrasas, the national anthem has traditionally been part of morning assemblies. Vande Mataram, written in Sanskrit by Bankim Chandra Chattopadhyay in 1875, played an important role during India’s freedom movement. The Constituent Assembly adopted Jana Gana Mana as the national anthem, while Vande Mataram was given the status of the national song.
The constitutional provisions mainly refer to the national anthem, making the legal status and implementation of Vande Mataram a subject of ongoing discussion. The final outcome of the matter will depend on the state government’s affidavit and further hearings before the court.