Hans News Service Bengaluru

TheHigh Court has dismissed a Public Interest Litigation (PIL) seeking to declare as invalid the Centre’s protocol guidelines on singing all six stanzas of Vande Mataram, ruling that the song is not mandatory like the national anthem.

The petition was filed by Bengaluru-based advocate Somashekar Rajavanshi and was heard by a division bench comprising Chief Justice Vibhu Bakhru and Justice C M Poonacha.

At the outset of the hearing, counsel appearing for the Centre clarified that the Ministry of Home Affairs’ order uses the term “may be sung,” which indicates that singing Vande Mataram is not compulsory. The counsel also pointed out that the Supreme Court of India had recently dismissed a similar plea on the issue.

Accepting the argument, the High Court observed that Vande Mataram has not been incorporated into any statutory framework mandating its singing. The bench noted that the wording in the Centre’s order reflects a permissive, not mandatory, approach. Referring to the Supreme Court’s stance, the court ruled that the song cannot be equated with the national anthem in terms of compulsion and dismissed the petition.

Background of the case

The petitioner had challenged guidelines issued by the Ministry of Home Affairs, which were published on its official website regarding national songs. The plea argued that the directive effectively mandated schools to sing all six stanzas of Vande Mataram daily before the commencement of classes.

It was contended that the Constituent Assembly had recognised only the first two stanzas for general use, while later stanzas include references to Hindu deities such as Durga, Lakshmi and Saraswati.

The petitioner argued that making all six stanzas compulsory could violate constitutional provisions, including Articles 14 (equality), 25 (freedom of conscience) and 28 (prohibition of religious instruction in educational institutions).

The petition also sought directions to limit the singing to the first two stanzas in schools and to restrain authorities from enforcing the remaining portions, particularly in government and aided institutions.

It further urged that bodies like the National Commission for Minorities and the National Commission for Protection of Child Rights examine the potential impact of such guidelines on minority communities.

However, the High Court held that there was no legal basis to treat the guidelines as mandatory and declined to interfere. The ruling reinforces that while Vande Mataram holds significant national importance, its singing remains voluntary and not legally enforceable.