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The National Anthem and the National Song both have its sanctity and deserve equal respect. However, the subject matter of the present proceedings can never be a subject matter of a writ, MHA in its reply said.
Citing the punishable offence (Prevention of Insults to National Honour Act, 1971) for causing disturbance to any assembly engaged in singing the National Anthem, and an absence of a parallel provision or an enactment for Vande Mataram, the Ministry of Home Affairs defended its stance for not granting equal status to both.
On Friday, the MHA as a reply in a counter affidavit submitted to the Delhi High Court that the National Anthem and the National Song both have its sanctity and deserve equal respect. However, the subject matter of the present proceedings can never be a subject matter of a writ.
MHA in its reply further apprised the Court that similar matters were refused previously by the Supreme Court and the Delhi High Court.
Both 'Jana Gana Mana' and' Vande Mataram' stand on same level and every citizen of the country should show equal respect to the both. National song occupies a unique and special place in the emotions and psyche of the people of India, Centre in its reply added.
The public interest litigation, filed by BJP leader, Advocate Ashwini Upadhyay sought directions to:
1. honour ‘Vande mataram’ equally with ‘Jana-Gana-Mana’, considering the historic part that it played in the struggle for Indian freedom. 2. to grant equal status in spirit of the statement made by the Constituent Assembly Chairman Hon’ble Dr. Rajendra Prasad with regard to the National Anthem, on 24th January 1950. 3. that Jana-Gana-Mana’ and ‘Vande mataram’ is played and sung in all schools and educational institutions on every working day.
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