Delhi High Court: Center said - national anthem and national song are equal, people should respect both

The government on Saturday responded to a plea in the Delhi High Court seeking a policy for similar promotion of the national anthem 'Jana Gana Mana' and the national song 'Vande Mataram'. The Central government, responding to a petition, said that the national anthem 'Jana Gana Mana' and the national song 'Vande Mataram' are the same. The government has also said that citizens should respect both equally.

The government has given this reply on a petition seeking a policy for similar promotion of 'Jana Gana Mana' and the national song 'Vande Mataram'. A bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Dutta had issued notice on this petition filed by advocate Ashwini Kumar Upadhyay. The court has also issued notice to the National Council of Education Research and Training (NCERT) seeking its response. The petition sought a direction to the Center and the Delhi government to ensure that 'Jana Gana Mana' and 'Vande Mataram' are played and sung in all schools and educational institutions on every working day.

 Central government counsel Manish Mohan submitted that there are no penal provisions or official instructions regarding singing or playing 'Vande Mataram' opposite to the national anthem. This song holds a unique place in the sentiments and psyche of Indians. Not only this, all the directions of the High Courts and Supreme Court are being followed regarding the song. The Center said that the subject matter of the present proceedings can never be the subject of a writ petition. 

Earlier during the hearing, the petitioner had argued before the court that in the absence of any guidelines or rules in respect of Vande Mataram, the national anthem was being sung in an uncivilized manner and misused in films and parties.

The petitioner had submitted that the song played a historic role in the Indian freedom struggle and should be honored as 'Jana Gana Mana' in view of the statement made by the President of the Constituent Assembly, Dr Rajendra Prasad in 1950. To keep the country united, it is the duty of the government to make a national policy for the promotion of 'Jana Gana Mana' and 'Vande Mataram'. There is no reason why it should evoke any other sentiment as both are decided by the framers of the constitution.

"The sentiments expressed in 'Jana Gana Mana' have been expressed keeping the state in mind. However, the sentiments expressed in 'Vande Mataram' reflect the character and style of the country and deserve equal respect. The petition states that there should be no dramatization of Vande Mataram and it should not be included in any kind of show as whenever it is sung or played, it is mandatory for everyone present to show due respect and respect.