Vande Mataram and Jan Gan Man cannot be treated at par : Delhi HC
A petition was filled in the Delhi High Court by BJP leader and lawyer Ashwini Kumar Upadhyay seeking a direction to the Central government to treat both ” Vande Mataram and Jan Gan Man ” at par. The petitioner claimed that the song written by Bankim Chandra Chatterjee should be respected in the same manner as that of the anthem written by Rabindarnath Tagore. It was pleaded that this song had played an important role during the struggling phase of India and was sung by the masses during the Independence movement. It was also mentioned in the prayer that both of these songs or anthems express different sentiments the national song being an expression of the sentiments of the state and the national song being the expression of nation’s character and style.
During his arguments when it was submitted by the petitioner that Vande Matram should at least be the national song of the country , it was contented by Chief Justice DN Patel and Justice C Hari Shankar that the petitioner should be aware of the fact that the song is already the national song of the country. But the petitioner mentioned here that there is a vacuum in this assumption and if is to be designated as the national song of the nation the same should be done by official notification.
He also mentioned in his petition that a notice should be directed by the central government to promote both the national anthem and national song of the nation and central government should be responsible for the singing of these two anthems or songs regularly within the school premises.
The court however dismissed the petition stating that the court had no reason and power to entertain this application under article 226 of the Indian Constitution. The court was of the opinion that it is not disputed that ‘Vande Matram ‘ has a unique place in the hearts of Indians but it ca not be treated equal to ‘Jan Gan Man ‘.