Refusing to Sing 'Vande Mataram' Cannot Be Made a Punishable Offense: Supreme Court of India

The Supreme Court of India has observed that refusing to sing the national song 'Vande Mataram' due to a prompt of conscience should not be treated as a punishable offense.

A bench led by Chief Justice Surya Kant made the oral observation on Tuesday while hearing a petition challenging the government's mandatory guidelines and penal provisions regarding the song. The court has sought the central government's stance on the matter, giving it two weeks to respond.

The petition, filed by prominent Carnatic musician T.M. Krishna, challenged the legal mandate requiring all stanzas of the national song to be sung and the punitive measures for non-compliance. During the proceedings, Justice Joymalya Bagchi cited the landmark 1986 Bijoe Emmanuel case, noting that individuals cannot be subjected to imprisonment or fines for refusing to sing the national anthem or song due to personal or conscientious reasons.

The central government's Prevention of Insults to National Honour (Amendment) Bill previously introduced legal protections for the national song, imposing up to three years of imprisonment and fines for obstructing its rendition or creating disturbances. During Tuesday's hearing, senior advocate S. Murlihear, representing the petitioner, argued that making the entire song mandatory is unconstitutional and contrary to India's secular fabric, as the final four stanzas contain references to Hindu deities. In response, Solicitor General Tushar Mehta defended the statutory framework, asserting that the law was enacted following proper constitutional procedures. Historically, since a 1937 consultation involving Mahatma Gandhi and Rabindranath Tagore, the practice of singing only the first two stanzas has widely persisted.