Cannot penalise refusal to sing National Song, says SC, Pg1

Key Highlights:

• The Supreme Court observed that the government cannot penalize individuals who refuse to sing the National Song, even if it defines its scope.
• This observation was made during a petition challenging the Prevention of Insults to National Honour (Amendment) Act, 2026, and related Union Home Ministry circulars.
• Petitioner T.M. Krishna argued that the amended law compels singing all six stanzas of Vande Mataram, which are devotional and non-secular.
• The Court affirmed that the 1986 Bijoe Emmanuel versus State of Kerala judgment, upholding religious freedom, remains a valid precedent.
• Non-compliance with the amended law could lead to penal consequences, including three years’ imprisonment or a fine.

Detailed Insights:

• Justice Joymalya Bagchi emphasized that Article 25 and Article 26 of the Constitution, guaranteeing religious freedom, cannot be infringed upon.
• The petitioner contended that mandating all six stanzas of Vande Mataram transforms a historical symbol into a compelled orthodoxy, impacting secularism.
• The later stanzas of Vande Mataram are described as "expressly devotional, deity-invoking, and non-secular" in the petition.
• The Union Home Ministry's administrative directions and circulars mandate the playing and mass singing of the entire song at public functions.
• Solicitor-General Tushar Mehta defended the law-making process as constitutional, dismissing the petitioner's concerns as "sensationalism".
• The Supreme Court will further examine if the 2026 amendment and government circulars infringe upon the rights of conscientious objectors.

Key Concepts Involved:

• National Song: A patriotic composition, Vande Mataram, recognized by the government, distinct from the National Anthem.
• Religious Freedom: A fundamental right guaranteed by Article 25 and Article 26 of the Indian Constitution, allowing individuals to practice and profess their religion.
• Secularism: A basic feature of the Indian Constitution, ensuring the state maintains neutrality and impartiality towards all religions.
• Conscientious Objector: An individual who refuses to perform an act, such as singing, based on deeply held moral or religious beliefs.
• Prevention of Insults to National Honour Act: Legislation aimed at preventing disrespect to national symbols, which was amended in 2026.