The Supreme Court on Tuesday sought response of the Centre on a plea by Carnatic vocalist T M Krishna challenging the penal law mandating singing of six stanzas of Vande Mataram.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana took note of the submissions of senior advocate S Murlaidhar, appearing for Krishna, and said it may examine the penal aspect of the law.
The top court, which did not issue notice to the Centre on the plea, however, said the fact that Vande Mataram is the national song is beyond doubt and the aspect with regard to the penal consequences may be examined with regard to fundamental rights under Article 25 and 26 of the Constitution.
Articles 25 and 26 of the Constitution guarantee the fundamental right to freedom of religion, protecting both individual and collective religious freedoms.
Krishna submitted that the last four stanzas of Vande Mataram expressly invoke devotion to Hindu deities, and mandating the singing of those portions violates the secular character of the nation.
The amendment to cover Vande Mataram under the Prevention of Insults to the National Honour Act is arbitrary and violates personal liberty, and furthers a “majoritarian religious message”, the plea said. (PTI)
