NEW DELHI, SEP 22 (AGENCIES): The Supreme Court on Tuesday observed that while a democratically-elected government may give shape to the scope and length of the National Song, it cannot violate individual and collective religious freedoms or subject conscientious objectors, who refuse to sing one or all the stanzas of the ‘Vande Mataram’, to penal consequences.
A “conscientious objector” should not be punished for refusing to sing Vande Mataram, the Supreme Court told the Centre while asking it to keep in mind a 1986 judgment protecting children who said no to singing the national anthem on grounds of conscience.
The bench headed by Chief Justice Surya Kant was hearing a petition by Carnatic vocalist TM Krishna challenging the law mandating singing of all six stanzas of Vande Mataram, arguing that the last four verses violate the secular character of the nation.
Seeking the Centre’s response on the plea, the bench said it would expect the principle laid down by the apex court’s 1986 judgment in Bijoe Emmanuel vs State of Kerala to govern the amended law.
In that case, the court protected schoolchildren who respectfully declined to sing the national anthem on grounds of conscience.
