The Ministry of Home Affairs (MHA) has told the Delhi High Court today, that the National anthem ‘Jana Gana Mana’ and the national song ‘Vande Mataram’ are of equal importance as they are at the same footing. The MHA added that as a citizen of the Country, every citizen of the country should hold the same amount of respect for both of the National prides.
A PIL was filed by the BJP leader Ashwini Upadhyay’s seeking to elevate ‘Vande Mataram’ to status of ‘Jana-Gana-Mana’. An affidavit was filed in response to the PIL filed by Ashwini Upadhyay where the government said that the National song occupies a unique and special place in the emotions and psyche of the people of India and that there is absolute equal footing that it is places at par with the anthem.
Giving a brief history of the same, the centre submitted that in the year 1971, the action of prevention of singing of the national anthem or causing disturbances was made as punishable offence under the Prevention of Insults to National Honour Act, 1971.
It further added that no such penal provisions have been made in the case of ‘Vande Mataram’ ,also there have been no compendiums of conduct have been put for singing it.
The ministry said though the National anthem and the National song have their sanctity and deserve equal respect it cannot be a matter of a writ petition before the court.
The Court was also told that both the Supreme Court and the Delhi High Court had dealt with similar matters earlier as well but refused to pass any directions on the same.
A Division Bench of the High Court had issued notice on Upadhyay’s plea in May.
Upadhyay has contended that the song ‘Vande Mataram’ played a historic part in India’s freedom struggle and should be honoured and granted status equal to the national anthem.
Upadhyay in his petition had mentioned that giving equal status to Vande Mataram would be in the spirit of the statement made by Constituent Assembly President Dr Rajendra Prasad.
The plea by Upadhyay had asked the Government of Centre and State to ensure that both the national anthem and ‘Vande Mataram’ is played and sung in all schools and educational institutions on every working day.
The Court has decided to hear the case on November 9.