The Supreme Court is expected to take up on October 27 a petition seeking the transfer of a pending Delhi High Court case concerning equal status for the national song 'Vande Mataram' and the national anthem 'Jana Gana Mana', Law Trend reported. According to the Supreme Court website, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is likely to hear the transfer petition filed by advocate Ashwini Upadhyay, through advocate Ashwani Dubey.
The immediate issue before the Supreme Court is only the transfer request: Upadhyay has sought to move the public interest litigation from the Delhi High Court to the Supreme Court, citing the pendency of a similar petition before the apex court, Law Trend and The CSR Journal reported. The October 27 listing does not by itself mean the court has accepted the demand for equal status or issued any final directions on it.
The underlying litigation seeks directions to the Central government and the Delhi government to ensure that both 'Vande Mataram' and 'Jana Gana Mana' are played and sung in schools and other educational institutions on every working day, and calls for a national policy establishing guidelines for honouring and promoting the national song, Law Trend reported.
In the petitioner's arguments, as reported by Law Trend, the absence of specific regulations has resulted in 'Vande Mataram' being performed in an inappropriate manner and used in films and at parties without adequate regard for its significance; the petition further seeks restrictions on the dramatisation of the song and its inclusion in variety shows, and maintains that everyone present should show appropriate respect whenever the song is performed or played.
Emphasising the historical importance of 'Vande Mataram', the petitioner has argued that the song represents India's sovereignty, unity, national identity and pride, and has referred to a statement made by Constituent Assembly Chairman Rajendra Prasad in 1950 to support the demand that 'Vande Mataram' receive respect equivalent to that accorded to the national anthem, Law Trend reported. The petition argues that while 'Jana Gana Mana' expresses sentiments concerning the State, 'Vande Mataram' reflects the nation's character and identity, and that the executive should formulate a national policy to promote both and encourage respect for them — these are the petitioner's submissions, which the court has yet to decide.