If Vande Mataram is sung in madrasas, ‘heavens will not fall’, says Calcutta HC

The Calcutta High Court on Tuesday remarked that “heavens will not fall” if all six stanzas of Vande Mataram are sung in madrasas, according to reports from legal news outlet Live Law. The court was addressing a Public Interest Litigation (PIL) challenging a West Bengal government directive requiring the complete rendition of the national song in all madrasas under the state's Minority Affairs and Madrasah Education Department. A bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen made the observation during the hearing of the case, which was argued by Senior Advocate Bikash Ranjan Bhattacharya. The PIL challenges the May 19 notification issued by the newly-formed Bharatiya Janata Party government, directing government model madrasas, recognized government-aided madrasas, and recognized unaided madrasas to sing all six stanzas of Vande Mataram. Petitioners argue that the national anthem, Jana Gana Mana, holds a higher status than the national song and that compelling madrasas to sing the entire version of Vande Mataram infringes upon religious freedoms. They claim that the song, though widely associated with Indian nationalism, is not equivalent to the anthem and thus should not be mandated in religious institutions. During the proceedings, Acting Chief Justice Chakraborty posed rhetorical questions to challenge the validity of the government's stance. He asked, “Heavens will not fall…today if I am asked to utter a quote that is not in my religion…what will happen? I will become a person not belonging to that religion?” This line of questioning drew comparisons to practices in other religious educational institutions, such as Christian schools where students are required to pray to the Lord. The court noted that despite such mandates, students from specific communities rarely question their necessity. The court also highlighted that while the government has mandated the singing of Vande Mataram in madrasas, there is no evidence of punitive actions being taken against those who fail to comply. The Acting Chief Justice inquired whether any enforcement measures had been implemented, suggesting that the directive remains largely symbolic unless backed by tangible consequences. Senior counsel for the petitioners responded that the lack of enforcement meant the requirement was not yet binding, emphasizing that only if penalties were imposed could the mandate be considered legally enforceable. In response, Additional Solicitor General Dhiraj Kumar Trivedi, representing the state government, requested additional time to submit an affidavit detailing the government’s position. He argued that the petitioners could not seek an injunction based solely on apprehensions rather than actual harm. The court adjourned the matter pending the submission of the state’s report, indicating that the case will proceed once the necessary documentation is filed. The legal debate surrounding Vande Mataram comes amid broader legislative changes. The Prevention of Insults to National Honour (Amendment) Bill, 2026, commonly referred to as the “Vande Mataram” bill, was recently passed by both houses of Parliament. This legislation elevates the status of the national song to match that of the national anthem, extending statutory protections to include Vande Mataram alongside the flag, the constitution, and the national anthem. Under the new law, obstructing or insulting the national song could result in imprisonment for up to three years and a fine. Previously, the law safeguarded only the national anthem, the tricolor, and the constitution.