New Delhi, February 17: The Supreme Court on Friday refused to entertain a PIL seeking a direction to the government to frame a national policy to promote “Vande Mataram”, saying there was no concept of a National Song in the law. “We do not intend to enter into any debate as far as the National Song is concerned,” a Bench headed by Justice Dipak Misra said. “Be it clearly noted, Article 51A(a) of the Constitution (fundamental duties) does not refer to ‘National Song'. It only refers to National Flag and National Anthem,” the Bench clarified.
Petitioner Ashwini Upadhyay wanted a judicial order making reciting the National Anthem and National Song in Parliament/Assembly, public offices, courts and schools on every working day compulsory.But, the Bench agreed to hear the petitioner's prayer to make it mandatory for schools to play or sing National Anthem on working days. The court is likely to take up the matter on April 18.
Attorney General Mukul Rohatgi said the National Anthem should be played in schools and requested the top court to revisit its 1986 judgment that singing of the Anthem was not mandatory. The court had said that forcing children (belonging to the Jehovah's Witness sect) to sing the Anthem violated their fundamental right to religion.
