PIL challenging singing of national anthem in UP madarsas dismissed
In the petition, a request was made for a directive to the respondents not to execute any order or force students of madarsas in UP to sing the national anthem.Updated: Oct 05, 2017 15:24 IST
Hindustan Times, Allahabad
The Allahabad High Court has dismissed a PIL challenging government order by which singing of the national anthem in all the schools and madarsas of UP was made mandatory.
- Article 51-A of the Constitution casts a fundamental duty on every citizen of India to abide by the Constitution and respect the national flag and the national anthem.
The bench, comprising chief justice DB Bhosale and justice Yashwant Varma, while dismissing the writ petition filed by Alaul Mustafa, said that petition is thoroughly misconceived. The petitioner, claiming to be a secretary of an institution which runs a madarsa in Mau district, had challenged the government order of August 3, 2017 as also a circular dated September 6, 2017 making singing of national anthem mandatory in schools and madarsas.
In the petition, a request was made for a directive to the respondents not to execute any order or force students of madarsas in UP to sing the national anthem.
The court observed that it was the view of the petitioner that singing of the national anthem is ‘forced patriotism’ and cannot be enforced upon persons who do not want to sing or recite the national anthem in light of their ‘belief and custom’.
“Petitioner was unable to refer to or draw our attention to any material which may have even remotely established that the singing of the national anthem would violate the beliefs and customs of students attending madarsas in UP. The writ petition also does not carry any evidence of students attending madarsas in the state objecting to the singing or recital of the national anthem”, added the bench.
The court while dismissing the petition observed, “this court is constrained to record its anguish at the stand which is taken by the petitioner who quite far from espousing the interest of any body or persons appears to have made various averments in the writ petition ignorant of the duty of every citizen of this nation to respect the national anthem irrespective of his or her religious or political beliefs.”
The court also observed, “The recitation of the national anthem is in essence the act of every citizen honouring the history and tradition of this great nation and ultimately subserves the spirit of brotherhood amongst all without exception to the religious, lingual or regional affiliation of a particular individual. The singing of the national anthem is therefore not just a constitutional duty but also fosters the spread of the spirit of democracy, secularism and the integrity of the nation.”
First Published: Oct 05, 2017 15:24 IST