• Source:JND
HighLights
  1. Calcutta HC: "Heavens will not fall" if Vande Mataram sung.
  2. PIL challenges mandatory full national song in West Bengal madrasas.
  3. Court compares to prayers in Christian schools, questions enforcement.

The Calcutta High Court on Tuesday orally observed that "heavens will not fall" if all six stanzas of Vande Mataram are sung in madrasas across West Bengal. The remark was made by a division bench during the hearing of a Public Interest Litigation (PIL) that challenged a state government notification making the rendition of the complete national song mandatory in such institutions.

Calcutta HC On Plea Challenging Mandatory Vande Mataram 

The Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen made the observation while hearing the PIL being argued by Senior Advocate Bikash Ranjan Bhattacharya. Chakraborty said, "Heavens will not fall...today if I am asked to utter a quote that is not in my religion...what will happen? I will become a person not belonging to that religion?" while addressing concerns raised on the matter, as quoted by Live Law.

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The Court further drew a comparison with practices followed in educational institutions run by other religious communities and said, “There have been thousands of Christian schools where all students are asked to pray to the Lord. Then, do students belonging to a particular community ask why they are being asked to sing certain things which are in the Christian religion?”

Court Compares To Prayers In Christian Schools

Advocate Bhattacharya argued that the recitation of all six stanzas can’t be imposed. He said, "How can this be done? When the Constitution was adopted, it was decided after much deliberation that only two verses would be sung... If someone wishes to sing it of their own accord, I have no objection, but it cannot be imposed."

ACJ Chakraborty further remarked that the bench initially found merit in the argument regarding the significance of jurisdiction in issuing the implementing memo, but also asked whether any coercive action had been taken. He asked, “You have brought it before us, as an activist. Has any impinging action been taken for strict implementation of this circular" In response, a senior counsel for the petitioner said, “They have not dared to enforce it yet.”

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