The Board’s spokesperson, Dr SQR Ilyas, said that making Vande Mataram legally mandatory for all communities was incompatible with both constitutional principles and Islamic belief.
NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) on Friday strongly criticised Parliament’s passage of a Bill that makes alleged disrespect to Vande Mataram a punishable offence, calling it an attack on religious and constitutional freedoms and urging the government not to impose patriotic expressions through legal compulsion.In a press release issued on 31 July, the Muslim body said the legislation was contrary to the constitutional, secular and democratic ethos of the country and amounted to a serious assault on the religious freedom of citizens. It argued that compelling participation in a song or slogan carrying religious connotations violated fundamental rights guaranteed under the Constitution.The Board’s spokesperson, Dr SQR Ilyas, said that making Vande Mataram legally mandatory for all communities was incompatible with both constitutional principles and Islamic belief.“Any attempt to make Vande Mataram compulsory for all sections and religious communities through legal coercion is not only objectionable but also contrary to the fundamental principles of the Constitution,” he said.The AIMPLB said that during the framing of the Constitution, the Constituent Assembly accepted only the first two stanzas of Vande Mataram at the national level, while the religious connotations of the remaining portions were not considered compatible with India’s secular character. Dr Ilyas argued that certain passages of the song depict the motherland in the form of a goddess and exhort people to worship her, which he said was contrary to the Islamic doctrine of Tawheed, or the absolute Oneness of God.“Therefore, compelling a Muslim to participate in a song, slogan or practice carrying a religious meaning contrary to his or her faith is wholly unacceptable,” he said.The Board also cited Articles 25 and 19 of the Constitution, saying they protect the freedom of religion and freedom of expression, including the right not to participate in expressions that conflict with an individual’s conscience.“These constitutional safeguards clearly imply that no citizen can be compelled to adopt or participate in any song, slogan, ideology or symbol against his or her religious beliefs and conscience,” the statement said.Referring to the Supreme Court’s landmark judgment in Bijoe Emmanuel v. State of Kerala, Dr Ilyas said the court had upheld this principle even in the context of the national anthem.“The Court held that a person could not be punished merely for not participating in an act when doing so was contrary to his or her religious beliefs. The Court also made it clear that, in certain circumstances, freedom of expression includes the right to remain silent, and that respectful non-participation cannot be regarded as disrespect.”The AIMPLB sought to distinguish between patriotism and religious devotion, saying that love for one’s country should not be equated with worship.“Love for the motherland and worship of the motherland are two entirely different concepts. Muslims deeply love their country and consider love for the homeland part of their civic and moral responsibility, but they cannot regard the country as a deity or goddess.”The Board added that patriotism should be judged by a citizen’s commitment to the Constitution, the country’s people and their rights rather than by the recitation of a particular slogan or song.It also urged the government to prioritise issues such as unemployment, inflation, poverty, education, healthcare, economic inequality and social injustice instead of pursuing what it described as sensitive and divisive measures.“Diverting public attention from fundamental issues by inflaming emotional and religious controversies serves neither the national interest nor the cause of democracy.”Concluding its statement, the AIMPLB said that India’s unity could only be strengthened by protecting constitutional supremacy, religious freedom and equal rights for all citizens.
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“A strong and united India can only be built where every citizen enjoys equal dignity, justice and freedom; where anyone’s patriotism is not judged through the prism of his or her religious beliefs; and where the supremacy of the Constitution, religious freedom and fundamental civil rights are protected at all costs.”The Vande Matram Bill, passed by both Houses of Parliament on Friday, seeks to make alleged disrespect to Vande Mataram a punishable offence and gives legal backing to its mandatory observance in specified contexts. Supporters have described the measure as a way to promote national unity and respect for a national symbol, while critics argue that it could compel citizens to participate in patriotic expressions regardless of their religious beliefs or freedom of conscience, raising concerns over constitutional rights and religious freedom. Go to Source
