"Heavens Won't Fall If Vande Mataram Is Sung In Madrasas": Calcutta High Court Orally Remarks

The Calcutta High Court on Tuesday orally observed that "heavens will not fall" if all six stanzas of Vande Mataram are sung in madrasas, while hearing a Public Interest Litigation (PIL) challenging a government notification making the rendition of the complete national song mandatory in such institutions.

The Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen made the observation during the hearing of a PIL being argued by Senior Advocate Bikash Ranjan Bhattacharya.

Addressing the concerns raised in the matter, the Acting Chief Justice remarked: "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?"

The Court further drew a comparison with practices followed in educational institutions run by other religious communities, observing:

"There have been thousands of Christian schools where all students are asked to pray to the Lord. Then, do students belonging to a particular community ask why they are being asked to sing certain things which are in the Christian religion?"

Appearing for the State, Additional Solicitor General Dhiraj Kumar Trivedi represented the respondents.

It was argued by Senior Counsel for the petitioners that Vande Mataram had been adopted as a national song, and that its singing could not be imposed on children studying in Madrasas. "The national anthem stands on a higher pedestal when compared to the national song," it was argued.

Upon hearing these submissions, the ACJ questioned whether any action had been taken against those who had violated the circular mandating the singing on Vande Mataram in Madrasas.

"You have brought it before us, as an activist. Has any impinging action been taken for strict implementation of this circular?" the court asked. "They have not dared to enforce it yet," senior counsel for the petitioners responded.

"Only if any punitive action is taken, can you contend that it was mandatory. Has anybody suffered yet?" the bench questioned.

"Christian schools pray to God. Take any instituiton, this issue was at a nascent stage when students belonging to a certain community questioned why the school should make them sing Christian songs...heavens will not fall" the bench remarked.

ASG Trivedi requested the court to provide an adjourned date so he could obtain instructions through an affidavit in the form of a report. He further contended that the petitioners could not seek an injunction on the basis of an apprehension.

Senior Advocate Kalyan Bandopadhyay submitted that, "This Vande Mataram issue was debated in the Lok Sabha last year in July for 12 hours...it was a very contentious issue. Ultimately the Parliament could not take any resolution. I am not going to 1926 or 1936, it was in 2025. When no resolution could be passed in parliament, this is how they are trying to enforce it."

Accordingly, the court adjourned the matter for hearing after the state files its report.

Case: SOURAV DUTTA VS UNION OF INDIA AND ANR.

Case No: WPA(P)/86/2026