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‘Heavens will not fall if Vande Mataram sung in madrasas': Calcutta High Court
The court was hearing a PIL challenging a government notification making the rendition of the complete national song mandatory in such institutions.
“Heavens will not fall” if all six stanzas of Vande Mataram are sung across madrasas, the Calcutta High Court remarked on Tuesday.
The court was hearing a Public Interest Litigation (PIL) challenging a West Bengal government notification making the rendition of the complete national song mandatory in such institutions, Live Law reported.
A bench, comprising of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen, made the observation during the hearing of a PIL being argued by Senior Advocate Bikash Ranjan Bhattacharya.
Addressing the concerns raised over the recitation of Vande Mataram, the Acting Chief Justice questioned whether merely uttering a verse or quote from another religion would affect a person’s religious identity.
"Heavens will not fall...today if I am asked to utter a quote that is not in my religion...what will happen? I will become a person not belonging to that religion?"
Drawing a comparison with practices followed in educational institutions run by other religious communities, the court said, “There have been thousands of Christian schools where all students are asked to pray to the Lord. Then, do students belonging to a particular community ask why they are being asked to sing certain things which are in the Christian religion?”
‘Recitation cannot be made compulsory’
The petitioners, represented by a Senior Counsel, argued that Vande Mataram is a national song and not the national anthem, and therefore its recitation cannot be made compulsory for students in madrasas, according to Live Law.
They submitted that the national anthem holds a higher status compared to the national song.
Appearing for the State, Additional Solicitor General Dhiraj Kumar Trivedi represented the respondents.
After listening to the arguments made by both sides, the Acting Chief Justice (ACJ) asked whether any action was taken against those who did not follow the circular mandating the singing on Vande Mataram in Madrasas.
"You have brought it before us, as an activist. Has any impinging action been taken for strict implementation of this circular?" the court asked.
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"They have not dared to enforce it yet," senior counsel for the petitioners responded. "Only if any punitive action is taken, can you contend that it was mandatory. Has anybody suffered yet?" the bench questioned.
"Christian schools pray to God. Take any institution, this issue was at a nascent stage when students belonging to a certain community questioned why the school should make them sing Christian songs...heavens will not fall" the bench remarked.
ASG Trivedi sought more time from the court to obtain instructions through an affidavit in the form of a report. He further contended that the petitioners could not seek an injunction on the basis of an apprehension.
The court adjourned the matter for hearing after the state files its report.
Prevention of Insults to National Honour (Amendment) Bill, 2026
A bill elevating the national song to the same status as the national anthem was passed in both the houses last week.
The Prevention of Insults to National Honour (Amendment) Bill, 2026, commonly known as the 'Vande Mataram' bill, will extend statutory protection to the national song. Earlier, the bill applied only to the tricolour, the constitution, and the National Anthem.
The bill makes any obstruction or insult to the national song a criminal offence, proposing a jail term of up to three years and a fine for offenders. The law currently safeguards the national flag, the national anthem and the Constitution.
(With inputs from Live Law)
