NEW DELHI, Sep 22: The Supreme Court on Tuesday sought the Centre’s response on a plea filed by Carnatic vocalist T M Krishna challenging a provision that mandates the singing of six stanzas of Vande Mataram and provides for penal consequences.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana took note of submissions made by senior advocate S. Muralidhar, appearing for Krishna. The bench said it may examine the penal aspect of the provision.
The court, however, did not issue a formal notice to the Centre at this stage. It observed that there is no dispute that Vande Mataram is the national song, while the issue of penal consequences could be examined in the context of the fundamental rights guaranteed under Articles 25 and 26 of the Constitution.
Articles 25 and 26 protect individuals’ and groups’ freedom of religion, subject to constitutional limitations.
Krishna’s plea argues that the last four stanzas of Vande Mataram contain references to Hindu deities and that making their singing mandatory would be inconsistent with the secular character of the Constitution.
The petition also challenges the amendment bringing Vande Mataram within the scope of the Prevention of Insults to National Honour Act, terming the provision arbitrary and alleging that it infringes personal liberty and promotes what the plea describes as a “majoritarian religious message.”
