SC seeks Centre’s reply on Vande Mataram penal clause challenge

The Supreme Court on Tuesday sought the Centre’s response to a petition by Carnatic musician TM Krishna that challenges penal provisions for refusing to sing all six stanzas of Vande Mataram. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the 1986 Bijoe Emmanuel judgment, which protected schoolchildren who respectfully declined to sing the national anthem, should govern the amended law.

The court indicated it would not decide how many stanzas constitute the national song, calling that a matter for Parliament. Justice Bagchi said no one whose Article 25 or 26 rights are infringed, or who is a conscientious objector, should face criminal consequences. Solicitor General Tushar Mehta opposed the petition, saying secularism cannot be so narrow, and called the petitioner’s approach a “Naxalite idea.” Senior advocate S Muralidhar objected and accused Mehta of playing to the gallery. The bench said it would not take note of the comments. The Centre has two weeks to file its response.