Kolkata: The Calcutta High Court has orally observed that “heavens will not fall” if all six stanzas of Vande Mataram are sung in madrasas. The remark came during a hearing of a public interest litigation challenging a West Bengal government notification that makes the practice compulsory in state-run and state-recognised madrasas.
The bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen was hearing the petition filed against a May 19 notification issued by the state’s Minority Affairs and Madrasah Education Department.
Acting Chief Justice Chakraborty questioned the objections raised by the petitioners. “Heavens will not fall. Today if I am asked to utter a quote that is not in my religion, what will happen? Will I cease to belong to that religion?” he remarked orally during the proceedings.
The court drew a comparison with Christian schools, noting that students of all faiths in many such institutions participate in prayers. “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?” the bench observed.
The petitioners argued that Jana Gana Mana, the national anthem, holds a higher constitutional status than Vande Mataram, which is recognised as the national song, and that singing Vande Mataram should not be made mandatory. The court responded by asking whether the government had taken any punitive action against anyone for not following the notification. “Only if any punitive action is taken can you contend that it was mandatory. Has anybody suffered yet?” the bench asked.
Additional Solicitor General Dhiraj Kumar Trivedi, appearing for the West Bengal government, sought time to file an affidavit explaining the state’s position. He argued that the petitioners were seeking relief based on apprehensions alone, and that no coercive action had been taken under the notification.
The notification was issued after the newly formed BJP government in West Bengal directed government model madrasas, government-aided madrasas and recognised unaided madrasas to sing all six stanzas of Vande Mataram. Traditionally, West Bengal schools sang only Jana Gana Mana during assemblies.
Vande Mataram, written by Bankim Chandra Chatterjee in 1875, played a role in India’s freedom movement. Unlike Jana Gana Mana, it is not mentioned in the Constitution. The later stanzas of the song refer to Hindu goddesses Durga, Lakshmi and Saraswati, which has historically made its full rendition a point of contention.
The High Court has granted the state government time to file its response. The matter will be heard further after the affidavit is submitted.
