The Supreme Court on Wednesday refused to entertain a petition against the Home Ministry’s circular on singing of the patriotic song Vande Mataram at official functions, saying the directive was not mandatory.
A bench comprising Chief Justice Surya Kant and Justices Joymalia Bagchi and Vipul M Pancholi described the petition filed by Mohammad Syed Noori as “premature” and based on “vague fear of discrimination”.
Senior advocate Sanjay Hegde, appearing for Noori, said they respect every religion in the country, but if people are forced to sing the song irrespective of their religion and belief, some may find it necessary to participate in a “show of social loyalty”.
Justice Bagchi asked whether the circular specifies any penal consequences for not singing the patriotic song or whether anyone has been removed from the congregation for not singing it.
Hegde said, “There is a penalty in case of obstruction. Although there is no legal penalty, there is always a huge burden on the person who refuses to sing or stand up. Can people be forced to sing the song under the guise of advice?”
CJI Kant asked Hegde whether any notice had been sent to the petitioner to force anyone to sing the patriotic song.
“Article 5 of the Union Government’s directives states ‘may’. This freedom means singing the national song as much as it means not singing. For this reason it does not conflict with legal rights,” Justice Bagchi said.
The bench told the petitioner that he can approach the court if any criminal action or notice is taken against him, and observed that the petition at present is nothing but a “vague apprehension of discrimination”.
