A Public Interest Litigation has been filed in the Delhi High Court seeking a declaration that the song 'Vande Mataram' shall be honoured equally with 'Jana-Gana-Mana' thereby having equal status with it in spirit of the Statement made by the Constituent Assembly Chairman Dr. Rajendra Prasad with regard to the National Anthem, on January 24, 1950.
The plea filed by Advocate Ashwini Kumar Upadhyay also seeks direction to Centre and State Governments to ensure that 'Jana-Gana-Mana' and 'Vande mataram' are played and sung in all schools and educational institutions on every working day.
"Vandemataram' is the symbol of our history, sovereignty, unity and pride. If any citizen by any overt or covert act shows disrespect to it, it would not only be an anti-social activity but it would also spell doom to all our rights and very existence as a citizen of a sovereign nation. Every citizen must therefore not only refrain from any such activities but also do his best to prevent if any miscreant trying to show any disrespect to 'Vandemataram'. We must be proud of our Nation, our Constitution, National Anthem and National Flag and put national interest above our personal interests and only then will we be able to protect our hard-earned freedom and sovereignty. It is duty of the executive to frame a national policy to promote and propagate 'Vandemataram'," the plea states.
The plea also states that it is the duty of every Indian to show respect when Vandemataram is played or sung, further adding that Vandemataram should not be utilized by which the person involved with it directly or indirectly and shall have any commercial benefit.
"There shall not be dramatization of Vandemataram and it must not be included in any variety show because when Vandemataram is sung/played, it is imperative on the part of every one present to show due respect and honour. To think of a dramatized exhibition of Vandemataram is inconceivable. It shall not be printed on any object and never be displayed in such a manner at such places, which may be disgraceful to its status and tantamount to disrespect," it adds.
The plea thus seeks directions on the Centre to frame guidelines in spirit of the Constituent Assembly Resolution read with the Judgment passed by the Madras High Court and Supreme Court of India.
Case Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS