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A Public Interest Litigation before the Delhi High Court has sought a 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.

The PIL 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.

Dr. Prasad on January 24, 1950, had said,

"There is one matter which has been pending for discussion, namely the question of the National Anthem. At one time, it was thought that the matter might be brought up before the House and a decision taken by the House by way of a resolution. But it has been felt that, instead of taking a formal decision by means of resolution, it is better if I make a statement with regard to the national anthem. Accordingly, I make this statement.

Composition consisting of the words and music known as ‘Jana Gana Mana’ is the ‘National Anthem of India’, subject to such alternations in the words, as the Government may authorize as occasions arises; and the song ‘Vande Mataram’, which has played a historic part in the struggle for Indian freedom, shall be honoured equally with ‘Jana Gana Mana’ and shall have equal status with it. I hope this will satisfy the members.”

The petition states, " ‘Vandemataram’ is the symbol of our history, sovereignty, unity, and pride. If any citizen by any overt or covert act shows disrespect to it, it would not only be an anti-social activity but it would also spell doom to all our rights and very existence as a citizen of a sovereign nation."

It further reads, "India is a Union of States and not association or confederation of States. There is only one nationality i.e. Indian and it is the duty of every Indian to respect the Vande Mataram. In order to keep the country united, it is duty of the Government to frame a National Policy to promote-propagate ‘Jana Gana Mana’ and Vande Mataram. There is no reason why it should evoke any other sentiment as the both are decided by Constitution makers."

Cause Title: Ashwini Kumar Upadhyay Vs. Union of India & Ors.