SC dismisses plea against playing 'Vande Mataram' at public events
What's the story
The Supreme Court has dismissed a petition challenging the central government's advisory on playing "Vande Mataram" at public events. The bench, headed by Chief Justice of India (CJI) Surya Kant, observed that the guidelines are non-mandatory and do not impose any penalties for non-compliance. The court said it would only consider such matters if there were penal consequences or mandatory requirements involved.
Court's clarification
'No penal consequences...': CJI Kant on guidelines
CJI Kant clarified that the guidelines are merely advisory and do not mandate compliance. He said, "We will hear all this when there are penal consequences or (singing is) made mandatory. This notification is advisory. No penal consequences also." Justice Joymalya Bagchi also pointed out that the guidelines use the word "may," implying the non-mandatory nature. The court was hearing a plea filed by Muhammed Sayeed Noori, who runs an academic institution.
Coercion fears
Petitioner raised concerns about being coerced into playing song
Senior Advocate Sanjay Hegde, representing Noori, argued that there could be a burden on those who refuse to sing or stand up for the song. "In the garb of advisory people can be compelled to sing along," Hegde said. He also referred to an earlier order for the playing of the national anthem in theaters. "Many of us don't watch films much. But after that judgment many of us stopped going to the theater. Patriotism cannot be compelled," he said.
Advisory nature
'3-minute national song overwhelming compared to 55-second national anthem'
Continuing with his arguments, Hegde stated that a 3-minute national song is overwhelming to many when compared to the 55-second national anthem. "When it is played together.. the national song is played first and thus the anthem becomes an epilogue to the national song. There are enough citizens who will feel the pressure to conform," he said. However, the CJI stated that the guidelines are just a protocol for playing the national song.
Dismissal rationale
If discrimination occurs in future, petitioner can approach court again
The court dismissed the plea as premature, stating there was no breach of constitutional rights. Justice Bagchi said that if discrimination occurs in the future, the petitioner could approach the court again. "We will hear all this when there are penal consequences or made mandatory. This notification is advisory. No penal consequences also," CJI Kant said, while dismissing the plea.