Asia & Australia

December 12, 2017

Delhi HC order refusing legal protection to ‘Vande Mataram’ stayed: SC

Vande Mataram

The Supreme Court of India has stayed the Delhi High Court order which refused to provide legal protection to Vande Mataram at par with Jana Gana Mana.

The three-judge bench headed by Chief Justice of India Dipak Misra, along with Justice AM Khanwilkar and Justice DY Chandrachud dismissed the special leave petition filed against the High Court order.

During a previous hearing, the Delhi High Court dismissed a petition for an amendment in the Prevention of Insults to National Honour Act, 1971.

The petitioner asked to incorporate provisions with respect to the national song ‘Vande Mataram’ to ensure the respect and dignity, which the national song deserves on par with the national anthem.

After hearing the petitioner, the High Court said, “Vande Mataram is inseparably linked with the freedom struggle as is noted by the committee and the respondents as an eternal song which commands respect and love without it being managed or enforced by the long arm of the law. It is acknowledged that this song has become synonymous with valor and dedication and love for one’s motherland.”

Adding further, the court ruled, “Though there can be no dispute with the writ petitioner that the song ‘Vande Mataram’ deserves the regard and respect which has been recognized by the respondents and has been noted by the Supreme Court of India in the aforesaid order, we are unable to grant the prayers made in the writ petition.”

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