High Court Tells Centre To Reply On Petition Over 'Vande Mataram'

The Delhi High Court Wednesday granted two weeks to the Centre to place on record its affidavit filed in response to a PIL seeking that the 'Vande Mataram' song be given the status equal to the national anthem.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said it first needs to go through the reply of Centre, which has already been filed but was not there on court record.

"We have to go through what is their stand, what is their reply," the court told the petitioner who was insisting the bench to read the Centre's affidavit in the court itself and pass some directions.

The high court was hearing a public interest litigation (PIL) by lawyer Ashwini Kumar Upadhyay to ensure that the song 'Vande Mataram' is as honoured and given equal status as the national anthem.

During the hearing, the Central government standing counsel Manish Mohan submitted that the counter affidavit was not on record as there was a delay in filing it.

To this, the bench said, "Delay stands condoned. The Union of India is granted two weeks time to place the affidavit on record. List (the matter) on December 22." The Centre, in its response which was filed on November 4, has submitted that the national anthem 'Jana Gana Mana' and the national song 'Vande Mataram' "stand on the same level" and citizens should show equal respect to both.

Though, unlike the national anthem, there are no penal provisions or official instructions about singing or playing 'Vande Mataram', the song occupies a unique place in the emotions and psyche of Indians and all directions of the Supreme Court and the high courts concerning the song are being followed, the Ministry of Home Affairs said.

Emphasising that both the national song and the national anthem have their own sanctity and deserve equal respect, the Centre stated the subject matter of the present proceedings can never be a subject matter of a writ petition.

"Both Jana Gana Mana and Vande Mataram stand on the same level and every citizen of the country should show equal respect to both. National song occupies a unique and special place in the emotions and psyche of the people of India," the short counter affidavit said.

The court was informed that the issue of promoting 'Vande Mataram' was earlier dealt with by the top court which refused to "enter into any debate" as there was no reference to a national song in the Constitution.

Subsequently, the high court, the response added, dismissed another petition seeking guidelines for singing and playing 'Vande Mataram' while noting that there could be no dispute that the song deserves the regard and respect, which has been recognised by the authorities.

"The national anthem and the national song both have their sanctity and deserve equal respect. However, the subject matter of the present proceedings can never be a subject matter seeking a writ of the Hon'ble High Court more particularly in view of the settled position," the Centre said in its response.

The Centre stated that the present case was "not adversarial" and it would abide by "every direction that is deemed necessary and expedient" by the court.

"In 1971, the action of prevention of singing of the national anthem or causing disturbances to any assembly engaged in such singing was made a punishable offence by way of an enactment of the Prevention of Insults to National Honour Act, 1971.

"However, similar penal provisions have not been made by the government in the case of national song 'Vande Mataram' and no instructions have been issued laying down the circumstances in which it may be sung or played," the reply noted.

The petitioner, who has also sought a direction from the Centre and the Delhi government to ensure that 'Jana Gana Mana' and 'Vande Mataram' are played and sung in all schools and educational institutions on every working day, has contended that in the absence of any guidelines or regulations to honour the song, 'Vande Mataram' is being sung in an "uncivilised manner" and misused in films and parties.

The petitioner has stated that the song played a historic part in the Indian freedom struggle and ought to be honoured as much as 'Jana Gana Mana' in view of the statement made by the Constituent Assembly Chairman Rajendra Prasad in 1950.

"To keep the country united, it is the government's duty to frame a national policy to promote-propagate 'Jana Gana Mana' and 'Vande Mataram'. There is no reason why it should evoke any other sentiment as both are decided by Constitution makers.

"The sentiments expressed in 'Jana Gana Mana' have been expressed keeping the State in view. However, sentiments expressed in 'Vande Mataram' denote the nation's character and style and deserve similar respect," the petition has said.

The petition has asserted that there should not be any dramatisation of 'Vande Mataram' and "it must not be included in any variety show because whenever it is sung or played, it is imperative on the part of everyone present to show due respect and honour".

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