Delhi High Court asks Centre to clarify it's stand on PIL seeking Honour Of 'Vande Mataram' Song At Par With 'Jana-Gana-Mana'
The plea states that 'Vande Mataram' song shall have equal status with 'Jana Gana Mana' in the spirit of the statement made by the Constituent Assembly Chairman Dr. Rajendra Prasad with regard to the National Anthem.
The Delhi High Court has directed centre to file response on plea seeking declaration that the song ‘Vande Mataram’ shall be honored equally with ‘Jana-Gana-Mana’ asserting that the song played a historic part in the struggle for Indian freedom.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that they'll first go through the stand of the Central Government.
The bench was hearing a the Public Interest Litigation plea filed by Advocate Ashwini Kumar Upadhyay has further sought a declaration that the Song shall have equal status with 'Jana Gana Mana' in the spirit of the statement made by the Constituent Assembly Chairman Dr. Rajendra Prasad with regard to the National Anthem, on January 24, 1950.
It may be note that the Central Government's response has been filed but the same was not on record.
The Ministry of Home Affairs in it's reply submitted 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.
Case Title: Ashwini Kumar Upadhyay Vs. Union of India & Ors.