Refusing to sing ‘Vande Mataram’ for religious reasons is not an offence. The Supreme Court of India made this significant observation on Tuesday. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohanan made this observation while hearing a Public Interest Litigation (PIL) challenging the mandatory singing of the national song ‘Vande Mataram’ and the rules imposing punitive measures against those who do not sing it.
Citing the historic Bijoe Emmanuel case, the apex court clarified that the law established at that time—stating that no one can be punished for not performing the national anthem—remains equally applicable today. The bench expressed that such punitive provisions need to be examined in light of the religious freedom and fundamental rights provided under Articles 25 and 26 of the Constitution.
Notably, the petition was filed in court by the renowned Carnatic vocalist T.M. Krishna. The petitioner challenged a new government rule that made singing six stanzas of ‘Vande Mataram’ mandatory instead of the previous two stanzas.
The petition argued that the last four stanzas express devotion to Hindu deities. Therefore, making it mandatory for everyone undermines the secular character of the country and the personal liberty of citizens, while also promoting a majoritarian religious message.
Similarly, the petitioner claimed that the amendment bringing ‘Vande Mataram’ under the ambit of the Prevention of Insults to National Honour Act and treating the refusal to sing it as a crime is arbitrary.
Appearing for the Central Government, Solicitor General Tushar Mehta strongly opposed the petition. Reminding the court of the historic role of ‘Vande Mataram’ in the country’s freedom struggle, he stated that only people with a so-called ‘Naxalite mindset’ who are not loyal to the Constitution and the rule of law raise such questions about the national song.
At this stage, the Supreme Court refused to interfere in the matter of whether the national song should be limited to two stanzas or expanded to six. However, the court agreed to examine the legal aspect of whether the refusal to perform ‘Vande Mataram’ can be a punishable offence and directed the Central Government to file its formal written response on the entire matter.
