NEW DELHI:
The Supreme Court on Tuesday sought the Centre’s response to a petition filed by Carnatic musician TM Krishna challenging legal provisions relating to compulsory singing of Vande Mataram.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing Mr. Krishna’s plea challenging a law that mandates the singing of all six stanzas of the national song.
The petitioner has argued that the last four stanzas raise concerns relating to the secular character of the country and has challenged the penal protection attached to the requirement.
During the hearing, the Supreme Court asked the Centre to keep in mind the principles laid down in its 1986 judgment in Bijoe Emmanuel vs State of Kerala.
In that case, the Supreme Court had protected schoolchildren who respectfully declined to sing the national anthem on grounds of conscience.
The court indicated that the principle laid down in the earlier judgment should govern the amended law while considering the present challenge.
The petition raises questions about the extent to which participation in Vande Mataram can be made compulsory and whether penal consequences can follow from a person’s decision not to sing it.
The Centre’s response is expected to assist the court in examining the constitutional and legal issues raised by the petition.