0 months ago
Calcutta HC: 'Heavens Won't Fall' If Vande Mataram Is Sung
Vande Mataram is a special song for India — it is the country's national song.
The government of West Bengal told madrasas, which are Muslim religious schools, that students must sing all six stanzas of the song.
Some people did not like this rule and asked a court called the Calcutta High Court to stop it.
The judges said 'heavens will not fall,' meaning no disaster will happen if the song is sung.
They pointed out that children at Christian schools already join prayers of other religions without anyone complaining.
The people who complained said the national song should not be forced on madrasa students, because only the national anthem has that kind of special importance.
The judges asked if anyone had been punished for not singing the song yet, and the answer was no.
Because nobody had been punished, the judges said the worry is only about something that might happen in the future.
The court asked the government to send a report and will talk about the case again later.
The Calcutta High Court orally observed that 'heavens will not fall' if all six stanzas of Vande Mataram are sung in madrasas.
A bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen heard a PIL against a May 19 West Bengal government notification mandating the full national song in madrasas.
The court noted that students of different faiths routinely join prayers at Christian schools without raising similar objections.
Petitioners argued the National Anthem holds higher constitutional status than the National Song, and counsel noted Parliament debated Vande Mataram for nearly 12 hours in July last year without passing a resolution.
The court found no punitive action had been taken under the notification, adjourned the matter, and directed the State to file a report before the next hearing.
- Who
- A Calcutta High Court bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen, hearing a PIL argued by Senior Advocate Bikash Ranjan Bhattacharya; Additional Solicitor General Dhiraj Kumar Trivedi appeared for the State, and Senior Advocate Kalyan Bandopadhyay also appeared.
- What
- The court heard a PIL challenging a May 19 West Bengal government notification making all six stanzas of Vande Mataram mandatory in madrasas, and orally remarked that 'heavens will not fall' if the song is sung.
- Where
- Calcutta High Court, West Bengal, India.
- When
- At a hearing on Tuesday; the notification was issued on May 19, and a parliamentary debate on Vande Mataram lasted nearly 12 hours in July the previous year.
- Why
- Petitioners argue the national song cannot be imposed on madrasa students, citing religious sensitivities and the National Anthem's higher constitutional status; the court questioned whether any enforcement had actually occurred.
Petitioners
State
Mandatory Vande Mataram in madrasas
Petitioners
Making the full national song compulsory violates the religious sensitivities of madrasa students; the National Anthem holds a higher constitutional status than the National Song and the song cannot be imposed.
State
Singing all six stanzas is harmless — 'heavens will not fall' — and students of all faiths routinely join prayers at Christian schools without complaint.
Whether the petition is premature
Petitioners
The notification itself imposes the mandate, amounting to indirect enforcement of an issue Parliament debated for nearly 12 hours without reaching a resolution.
State
No coercive action has been taken under the notification, so the petition rests only on apprehension; an injunction cannot be granted on the basis of a perceived future threat.
Key facts
- Court
- Calcutta High Court
- Bench
- Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen
- Case Type
- Public Interest Litigation (PIL)
- Subject
- May 19 notification mandating all six stanzas of Vande Mataram in madrasas under the state's Minority Affairs and Madrasah Education Department
- Petitioners' Counsel
- Senior Advocate Bikash Ranjan Bhattacharya
- State's Counsel
- Additional Solicitor General Dhiraj Kumar Trivedi
- Key Observation
- 'Heavens will not fall'
- Status
- Adjourned; State directed to file a report before the next hearing
Quotes
Acting Chief Justice Tapabrata Chakraborty
Honorable Acting Chief Justice of Calcutta High Court
“Vande Mataram has been adopted as India's national song, it cannot be made compulsory for students studying in madrasas. The National Anthem occupies a higher constitutional status than the National Song and therefore the latter cannot be imposed.”
freepressjournal.in
“There have been thousands of Christian schools where all students are asked to pray to the Lord. Do students belonging to another community question why they are being asked to sing certain things associated with the Christian religion?”
freepressjournal.in
scroll.in
Sources
Related news
Why Jana Gana Mana and Vande Mataram Can Coexist
Kerala Schools to Skip Vande Mataram on Independence Day
Vande Mataram Bill: Protection Is Not a Singing Mandate
CJP Challenges BJP’s Vande Mataram Focus on Education
Tharoor Questions Mandatory Full Vande Mataram Rendition at Official Functions
Vande Mataram Gets New Legal Protection Against Disruption
Congress Questions Haryana’s Falling Sex Ratio Despite Beti Bachao
Rahul Gandhi’s Indore Student Outreach Postponed Amid Venue Dispute
Balurghat Airport Set to Begin Operations Within One Year
Ayodhya Temple Trust Overhaul Draws BJP Appointment Criticism
Indian Express Evening Briefing: Elections, Courts, Climate and More
