Karnataka HC to hear plea challenging mandatory singing of all 6 stanzas of ‘Vande Mataram’ in schools

The petition filed by Advocate Somashehar Rajavamshi is yet to be listed for hearing before the appropriate bench.

It states that the directive is an executive instrument without any statutory foundation in any legislation. It is stated in the petition that the National Anthem and National Flag are covered by the Prevention of Insults to National Honour Act, 1971, but the National Song is not governed by any comparable statute.

The petition also refers to Constituent Assembly debates, particularly the valedictory address dated November 25, 1949, of Dr B R Ambedkar, on fraternity and an inclusive, non-sectarian Republic.

The plea states that the executive protocol violates Articles 25 (Freedom of conscience and free profession, practice and propagation of religion) and Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational institutions) and the secular Basic Structure of the Constitution.

The plea prays for a declaration from the court that the protocol is unconstitutional and void to the limited extent that it prescribes Stanzas 3 to 6 of Vande Mataram, as part of the official version and mandates its daily rendition in schools.

Further, the plea seeks a direction from the Ministry of Home Affairs to revise the protocol to confine the official version to the first two stanzas and, consequently, direct the Union Ministry of Education, the State of Karnataka, the Commissioner for Public Instruction, and Kendriya Vidyalaya Sangathan, to ensure that only the first two stanzas are used in schools.