The Calcutta High Court on Tuesday verbally observed that “heavens will not fall” if all six stanzas of Vande Mataram are sung in madrasas, Live Law reported.

The bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen was hearing a public interest litigation challenging a May 19 West Bengal government notification mandating that the song be sung in all madrasas under the state’s Minority Affairs and Madrasah Education Department.

The newly-formed Bharatiya Janata Party government has directed government model madrasas, recognised government-aided madrasas and recognised unaided madrasas to sing all six stanzas of the patriotic song.

During the hearing, Chakraborty remarked: “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?”

The court also pointed to educational institutions run by other religious communities where students recite prayers, Live Law reported.

“There have been thousands of Christian schools where all students are asked to pray to the Lord,” the court said. “Then, do students belonging to a particular community ask why they are being asked to sing certain things which are in the Christian religion?”

The petitioner’s counsel argued that the national anthem “stands on a higher pedestal when compared to the national song” and therefore singing Vande Mataram could not be made mandatory.

The acting chief justice, however, questioned whether the government had taken any punitive measures to enforce the notification.

“Only if any punitive action is taken, can you contend that it was mandatory,” the court said. “Has anybody suffered yet?”

Additional Solicitor General Dhiraj Kumar Trivedi, representing the state government, sought time to file an affidavit explaining the government’s position. He argued that the petitioners could not seek an injunction based solely on apprehension.

Schools in West Bengal had traditionally sung only the national anthem, Jana Gana Mana, during assemblies. In recent years, the previous Trinamool Congress government had also introduced singing of Banglar Mati Banglar Jol, the state song.

Vande Mataram was written in Sanskrit by Bankim Chandra Chatterjee in 1875 and is a popular patriotic song from India’s freedom movement.

A Press Information Bureau note issued on November 6 to mark 150 years of the song stated that the Constituent Assembly had adopted Jana Gana Mana as the national anthem and Vande Mataram as the national song.

The note quoted Rajendra Prasad, the first president, as having told the Assembly in January 1950 that Vande Mataram, because of its role in the freedom movement, “shall be honoured equally with Jana Gana Mana and shall have equal status with it”.

However, the Constitution mentions only the national anthem, not Vande Mataram.

On January 28, the Union home ministry directed that all six stanzas of the Vande Mataram be sung first when it is played together with the Jana Gana Mana.

Only the first two stanzas of the national song had been played at official functions earlier. The remaining stanzas, which invoke Hindu goddesses Durga, Lakshmi and Saraswati, had been omitted.

*Edited by Tanya Shrivastava. *

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