New Delhi (The Hawk): The Centre has informed the Delhi High Court that the national anthem 'Jana Gana Mana' and the national song 'Vande Mataram' "stand on the same level" and deserve equal respect from the populace.
Unlike the national anthem, there are no penal provisions or official directives regarding the singing or playing of "Vande Mataram." However, the song holds a special place in the emotions and psyche of Indians, and all high court and Supreme Court directives regarding the song are being followed, it was stated.
The declaration was made by the Ministry of Home Affairs in response to an affidavit filed in response to a public interest lawsuit brought by attorney Ashwini Kumar Upadhyay to ensure that the song "Vande Mataram" is accorded the same status and respect as the national anthem.
Insisting that both the national song and the national anthem have their own sanctity and demand equal respect, the Centre argued that the issue at hand could never be the subject of a writ petition.
"Both Jana Gana Mana and Vande Mataram are on the same level, and each deserves equal respect from all citizens. National anthem occupies a unique and distinctive place in the emotions and psychology of the Indian people, according to the "brief counter affidavit" filed by Manish Mohan, an attorney for the Central government.
The court was informed that the subject of promoting "Vande Mataram" had already been dealt with by the highest court, which refused to "get into argument" because the Constitution makes no mention of a national anthem.
Subsequently, the high court, according to the response, rejected a second petition seeking guidelines for singing and playing "Vande Mataram," adding that there could be no debate that the song merits the consideration and respect shown by the government.
"Both the National Anthem and the National Song are sacred and merit equal regard. "However, the subject matter of the current proceedings cannot ever be a subject matter seeking a writ from the Honorable High Court, especially in light of the established stance," the Centre's letter stated.
The Centre emphasised that the current litigation was "not adversarial" and that it would comply with "any court order deemed necessary and appropriate."
"According to the Prevention of Insults to National Honour Act of 1971, the act of preventing the singing of the National Anthem or causing disturbances to any gathering engaged in such singing became a penal offence in 1971.
"However, equivalent punitive provisions have not been created by the government in the case of the National Song 'Vande Mataram,' and no instructions specifying the conditions under which it may be sung or performed have been released," the response stated. In addition, the Central government follows the directives issued by the High Courts and the Supreme Court of India from time to time.
The response also stated that several claims in the petition are "individual recommendations that require administrative and judicial examination before they may be included into the system, subject to constitutional or legal mandates."
The petitioner, who has also asked the Centre 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, has argued that in the absence of any guidelines or regulations to honour the song, 'Vande Mataram' is being sung in a "uncivilised manner" and misappropriated in films and parties.
The petitioner asserts that the song had a significant role in the Indian liberation fight and that it deserves equal recognition with "Jana Gana Mana" in light of the 1950 declaration made by the chairman of the Constituent Assembly, Dr. Rajendra Prasad.
"In order to maintain national unity, it is the government's responsibility to formulate a national policy to promote Jana Gana Mana and Vande Mataram. As both are determined by the Constitution's authors, there is no reason for it to generate any other emotion.
"The thoughts stated in 'Jana Gana Mana' were voiced in consideration of the State. However, the sentiments stated in 'Vande Mataram' represent the spirit and manner of the nation and deserve similar respect,' the petition states.
The petition asserts that there should be no dramatisation of "Vande Mataram" and that "it must not be included in any variety performance since, whenever it is sung or played, everyone present is obligated to show respect and honour."
"Direct and declare that the song 'Vande Mataram,' which had played a historic role in the struggle for Indian independence, shall be honoured equally with 'Jana Gana Mana' and shall have equal status with it in the spirit of the statement made by the Constituent Assembly Chairman Hon'ble Dr Rajendra Prasad regarding the National Anthem, on 24.01.1950," the petition has urged.
(Inputs from Agencies)