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VANDE MATARAM IS ALWAYS IN EVERY HEART NO NEED OF PROTECTION UNDER LAW: DELHI HIGH COURT

Vishad Srivastava, Legal News Reporter

Vande Matram our national song composed by Bankim Chandra Chattopadhyay in 1870s is in news when Delhi High Court remarks in a judgement where it sought for seeking amendment in the Prevention to insult in National Honour Act, 1971 to incorporate Vande Matram to ensure respect and dignity of our national song same as which is of our national anthem. Delhi High Court remarks that Vande Matram is inseperably linked with the  the India’s freedom struggle but the protection under law is not the only way to seek the respect and dignity of national song. The judgement stated that Mahabharta, Ramayana, Bible and Kuran are the religious and sacred books in which people have their devotion but they are not protected under law in the same way Vande Matram is the devotional song for the nation and many such creative thing for nation has been made but they have been equally respected in the whole nation as same as Mahabharta or Quran or Bible. The court further stated that this work of creativity infact is beyond and above law. The nation has one national flag and one national anthem that does not mean that it has any less respect for any other song which is devoted for nation or which instills the sense of patriotism and Vande Matram instills the same and it is the eternal song which commands for love and respect and the court said that without being mandated by law Vande Matram is in the core of every Indian so it does need to be codified under law.

What Vande Matram Actually means and it’s significance in Indian history?

The root of the Sanskrit word Vande is Vand, which appears in Rigveda and other Vedic texts. According to Monier Williams depending on the context, vand means “to praise, celebrate, laud, extol, to show honour, do homage, salute respectfully”, or “deferentially, venerate, worship, adore”, or “to offer anything respectfully to”. The word Mataram has Indo-European roots in matar- (Sanskrit) which mean “mother”. It state that I revere the mother. The mother revered here is not a human being or goddess. It is our mother land, mother India. Since a mother is the dearest to a child, the poet chooses to feminize the land on which he has born and lives. He describes the attributes of the mother he worships, as she is the one with the purest and sweet water (sujalaṃ). She is the one who has pure and healthy food and fruits (suphalaṃ). Malayagiri hills situated in Orissa India are famous for their sandalwood forests. Poet claims that the motherland he worships has the cold and refreshing breeze having sandalwood aroma in it (malayaja-sutlam) just as the breeze of Malayagiri. He later describes the soil of his mother-land which is very productive and prosperous (shasya) and light-brown (shyalam) in colour.Mother-land featured so, I admire you, worship you (mataram vande mataram).

Breif History

Vande Matram played a vital role in the Indian independence movement, first sung in a political context by Rabindranath Tagore at the 1896 session of the Indian National Congress.It became a popular marching song for political activism and Indian freedom movement in 1905.Spiritual Indian nationalist and philosopher Sri Aurobindo referred it as “National Anthem of Bengal” The song and the novel containing it was banned by the British government, but workers and general public defied the ban, many went to colonial prisons repeatedly for singing it, and the ban was overturned by the Indians after they gained independence from the colonial rule.In 1950 (after India’s independence), the song’s first two verses of the song were declared the “national song” of the Republic of India, distinct from the national anthem  Jana Gana Mana.

Petitioner points

Gautam Morarka was the petitioner in this case and the case was dismissed by the division bench of Acting chief justice Gita Mittal and Justice C Harishankar. He sought for the direction to the government to incorporate Vande Matram in Prevention to Insult National Honour Act.  Petitioner contended that Vande Matran has been given equal status as Jan Gana Man by the constituent assembly. It further stated that assembly backed the procedure for due respect of the song which was somewhere similar to the National Anthem. The court also asked to the center for the same and center replied that committee was formed which paased it’s order in 2016 that status quo of national song is maintained in every Indian heart and there should be no formality by making a mandatory or set of rules of procedure.

There was similar petition made in the supreme court in the case of Ashwini Kumar Upadhaya vs Union of India which contend all the thing in the light of Articcle 51-A of Indian Constitution. In the present scenario many petitions have been filed in regard with national anthem or flag or national song a sense of nationalism can be felt around the country but why the sudden uprising has been started that no can understand it’s goond that people are understanding the values of things which must be given upper status but in the light of this discussion we are leaving behind many such important discussion which affect to our population. In the current scenario national anthem in cinema hall issue has created the buzz and people are really mistaken the judgement and moreover the way discussion are going on it felt like one’s patriotism is superimposed on another as if we all are in a  patriotic competition. This type of thing must be stopped and lack of knowledge of nationalism has also limited our patriotism whereas they are son of the same mother. This is a time to understand that we are not a testing solution for anyone else patriotism it is a thing we have to look that we should be a patriot towards our nation and abide by each and every statue of the country that’s where a true patriotism lies.

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