PIL in Calcutta High Court seeks quashing of mandatory Vande Mataram singing in madrasas
The petition filed by Md Mahatabuddin Lasker, who identifies himself as the guardian of a minor Muslim student in a madrasa in Sankrail, Howrah, stated that the May 19 order issued by the Directorate of Madrasah Education, Government of West
The High Court is likely to hear the plea on Friday. (Image is generated using AI) A Howrah resident has filed a petition in the Calcutta High Court, seeking the squashing of the West Bengal government order making it mandatory to sing Vande Mataram in all the madrasas of the state.
The petition filed by Md Mahatabuddin Lasker, who identifies himself as the guardian of a minor Muslim student in a madrasa in Sankrail, Howrah, stated that the May 19 order issued by the Directorate of Madrasah Education, Government of West Bengal, violated Articles 14 (Fundamental Right to Equality), 19(1)(a) (Fundamental Right to Freedom of Speech and Expression), and 25(1) (Fundamental Right to Freedom of Religion) of the Constitution of India.
According to the petition, the Government of India’s own guidelines dated January 28 provided that the day’s work in schools “may begin” with community singing of the National Song (Vande Mataram), thereby making the practice “permissive and not compulsory”.
“The impugned order unlawfully converts a discretionary practice into a mandatory obligation without statutory authority,” it said.
“The official lyrics of Vande Mataram contain explicit invocations to Hindu deities such as Goddess Durga and Kamala and references to devotional worship in temples, which are contrary to the sincerely held Islamic belief in absolute monotheism,” the petitioner contended.
Lasker said in his petition that his ward, a minor child, “is willing to stand respectfully during the assembly, but compulsory singing violates freedom of conscience and the right against compelled expression”.
The petitioner stated that the act of singing the passages of Vande Mataram that identify the Motherland with Goddess Durga, invoke Goddess Kamala, and declare devotion to the Motherland as a form of religious bhakti to be installed in temples, is directly and irreconcilably contrary to the tenets of the Islamic faith.
“This religious objection is not the outcome of any perversity, disrespect, or unpatriotic sentiment,” he said, adding that the Fundamental Right to freedom of speech and expression, under Article 19 (1) (a) of the Constitution “includes, within its ambit, not only the freedom to speak and express, but equally the freedom to remain silent and to refrain from speaking or singing against one’s will or conscience”.
“Thus an order compelling a student to sing a particular song against his or her will and conscience is a direct infringement of the right guaranteed under Article 19(1)(a),” he added.
Calling the government’s May 19 order “arbitrary and unconstitutional”, he urged the High Court to quash it.
The High Court is likely to hear the plea on Friday.
Within a week of coming to power in West Bengal, the new BJP government made the singing of Vande Mataram compulsory in the morning routine for all schools and madrasas in the state.
On Monday, as all the government schools reopened after the summer vacations, Vande Mataram was sung during morning assembly at all the 1,600 madrasas under the state Minority Affairs and Madrasa Education Department.
As proof of compliance, the heads of the madrasas videographed the entire morning assembly and uploaded the clips to WhatsApp groups administered by school sub-inspectors and district inspectors of schools.
On Tuesday, Chief Minister Suvendu Adhikari had said, “Anyone who wants to live in the country must respect the national song and the national anthem. If you want to live in this country, you must sing Vande Mataram and Jana Gana Mana, and you must respect 26 January (Republic Day) and 15 August (Independence Day).”
“The recitation of Vande Mataram has been made mandatory in every school… This is Indian culture. This is Sanatan culture. India is known as both Hindustan and India. This country cannot go into anyone else’s hands,” he had added.
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