Kolkata: The Calcutta High Court orally remarked that “heavens will not fall” if Vande Mataram is sung in madrasas. The court made this observation while hearing a Public Interest Litigation (PIL) challenging a government notification that made the rendition of all six stanzas of Vande Mataram mandatory in madrasas. A bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen made the observation while considering the PIL argued by senior advocate Bikash Ranjan Bhattacharya.
Addressing the concerns raised in the petition, the Acting Chief Justice observed: “Heavens will not fall because of this… 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?”
Drawing a comparison with practices in educational institutions run by other religious communities, the court further clarified: “There are thousands of Christian schools where all students are asked to pray to the Lord. Then, do students belonging to a particular community question why they are asked to recite things pertaining to Christianity?”
Additional Solicitor General Dhiraj Kumar Trivedi appeared on behalf of the state government. The senior counsel for the petitioners argued that while Vande Mataram is recognised as the National Song, it cannot be imposed on children studying in madrasas. It was also argued that the National Song holds a higher status compared to the National Anthem. Responding to this, the Acting Chief Justice inquired whether any action had been taken against those who violated the circular mandating the singing of Vande Mataram in madrasas.
“You have brought this before us as a social activist. Has any action been taken for the strict implementation of this circular?” the court asked. “They have not dared to enforce it yet,” replied the petitioner’s counsel. “Only if punitive action is taken can you argue that it was mandatory. Has anyone suffered on account of this so far?” the bench asked, reiterating the instance of Christian schools conducting prayers.
Subsequently, Trivedi requested the court for more time to submit a report in the form of an affidavit. He also argued that the petitioners could not seek an interim order merely on the basis of apprehension. “This Vande Mataram issue was discussed in the Lok Sabha for nearly 12 hours last July… it was highly contentious. Ultimately, Parliament could not pass a resolution. I am not going back to 1926 or 1936, I am talking about 2025. When they failed to pass a resolution in Parliament, they are attempting to enforce it this way,” senior advocate Kalyan Banerjee submitted before the court.
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