NEW DELHI: Mumbai-based Raza Academy president Muhammed Sayed Noori on Wednesday challenged in the Supreme Court Centre’s recent order that all schools may begin the day’s work with community singing of the complete version of the national song ‘Vande Mataram’, which invokes the motherland as Hindu deities, as it hurt the constitutionally guaranteed religious freedom of Muslims and secularism.Senior advocate Sanjay Hegde, appearing for Noori, told a bench of Chief Justice Surya Kant, Justices Joymalya Bagchi and Vipul M Pancholi that India is a multi-religious country where the Constitution guarantees freedom to profess any religion, and those who do not want to sing the national song cannot be compelled to do so. “The effect of the impugned directions is to place citizens, particularly those belonging to minority religions or monotheistic faiths in the untenable position of either participating in expressions contrary to their conscience/belief/religion or risking being perceived as showing disrespect toward a national symbol,” he said.
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The bench asked Hegde to show any part of the direction which made singing of the national song in its complete version mandatory for the schools and asked whether it provided for consequential penalties when one acted in breach of it.Hegde said a similar direction was given by the SC in 2018 making singing of national anthem mandatory in the films. “Because of that direction, me and like-minded persons stopped going to watch films. Patriotism cannot be compelled. If the Constitution is to hold any meaning for an individual, then individual conscience must be protected.”The bench said the petition was premature as the direction says the day’s work in the school “may begin” with the singing of national song. “It does not violate the right to speech as it does not compel anyone. You can approach the court when you are compelled (to sing the national song),” it said.
