The Supreme Court has indicated that people who respectfully decline to sing Vande Mataram on grounds of conscience or religious belief should not face criminal consequences, while asking the Centre to respond to a challenge against the amended law.
Court Refers to 1986 Constitutional Ruling
A three-judge bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, was hearing a petition filed by Carnatic vocalist T.M. Krishna.
During the hearing, the bench referred to the Supreme Court's 1986 decision in Bijoe Emmanuel v. State of Kerala. That judgment had protected schoolchildren who respectfully remained silent during the National Anthem because singing conflicted with their religious beliefs.
The court indicated that the principle established in that case should continue to guide the authorities while dealing with the amended law.
T.M. Krishna Challenges Six-Stanza Requirement
Krishna has challenged provisions connected with the mandatory rendition of all six stanzas of Vande Mataram. His petition raises concerns over the religious references contained in the later stanzas and argues that compelling their performance could conflict with constitutional protections.
The Supreme Court, however, indicated that it would not decide whether the National Song should consist of two stanzas or six. The bench observed that determining the country's national symbols and the form in which they are prescribed is primarily a matter for the elected government.
Focus Shifts to Criminal Consequences
The key issue before the court is whether a person who refuses to sing Vande Mataram for reasons of conscience or religious belief can be subjected to criminal action.
The bench indicated that such a person should not face penal consequences merely because they choose not to sing one or more stanzas. It also emphasised the relevance of constitutional protections relating to freedom of conscience and religion.
Centre Asked to Respond
The Supreme Court has sought the Centre's response to Krishna's petition. The government will now have an opportunity to present its position on the legal challenge and the scope of the amended provisions.
The court's observations at this stage are significant, but the broader legal challenge remains pending. The Supreme Court has not ruled that the six-stanza version of Vande Mataram is invalid; its immediate focus is on whether criminal penalties can apply to a person who respectfully refuses to sing on protected grounds.
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