CITIZENS SHOULD HONOUR JANA GANA MANA AND VANDE MATARAM EQUALLY, CENTRE TELLS DELHI HIGH COURT

The Centre has told the Delhi High Court that the national song holds a unique and distinctive position in the emotions and psyche of the Indian people, and that both the national anthems 'Jana Gana Mana' and 'Vande Mataram' have equal standing. In response to a PIL filed by counsel Ashwini Kumar Upadhyay, the Ministry of Home Affairs (MHA) stated that the government would follow any court order in this respect because the subject was not contentious.

In his petition, Upadhyay demanded parity of treatment for the national anthem and national song, as well as guidelines for the national song 'Vande Mataram,' giving it the same honour and importance as India's national hymn.

“The National Anthem and the National Song both have their sanctity and deserve equal respect. However, the subject matter of the present proceedings can never be a subject matter seeking a writ of the Hon’ble High Court more particularly in view of the settled position,” the response by Centre said.  The Centre stated that the present case was “not adversarial” and it would abide by “every direction that is deemed necessary and expedient” by the court.

However, the Centre stressed that the Government has not implemented equivalent punitive measures in the case of the National Song 'Vande Mataram,' and no directives have been issued laying out the circumstances under which it may be sung or played. The Centre also cited to the Supreme Court's decision in Upadhyay's previous identical petition.

According to the petitioner, the song played a historic role in the Indian liberation fight and should be honoured in the same way as 'Jana Gana Mana' was in 1950, citing a declaration made by Constituent Assembly Chairman Dr Rajendra Prasad.