The Supreme Court indicated on Tuesday that it may evaluate the criminal penalties associated with the compulsory singing of Vande Mataram, asking the Union government for its stance on a petition submitted by Carnatic singer T M Krishna.
A three-judge bench headed by Chief Justice Surya Kant and including Justices Joymalya Bagchi and V Mohana considered arguments presented by senior advocate S Murlidhar, who represented Krishna. While the bench refrained from issuing a formal notice to the Centre, it agreed to look into the punitive dimensions of the legislation.
Constitutional Questions Raised
The judges observed that the status of Vande Mataram as the country’s national song remains indisputable. However, the court remarked that the punitive consequences prescribed under the statute warrant judicial scrutiny against the religious safeguards outlined in Articles 25 and 26 of the Constitution.
These constitutional provisions secure both individual and collective freedoms of conscience and religion.
Grounds Of The Challenge
The petition challenges a statutory amendment that brought the national song under the purview of the Prevention of Insults to the National Honour Act, thereby introducing penal liabilities for not reciting all six stanzas.
Krishna argued that the final four stanzas explicitly express reverence toward Hindu deities. Mandating the recitation of these verses, the petition stated, undermines the secular nature of the country, infringes on personal liberty, and advances a majoritarian religious message. The plea further described the measure as arbitrary and unconstitutional.
