Putting lives in danger

In an order reminiscent of the Supreme Court direction in November 2016 on the compulsory singing of the national anthem in cinema houses, a single judge of the Madras High Court has made the recital of Vande Mataram mandatory in educational institutions (once a week) and government and private offices (at least once a month) in Tamil Nadu. This assertion of what has been called “popcorn nationalism” comes at a time when society is polarised and violence is perpetrated in the name of patriotism and nationalism. The order is at odds with the liberal values enshrined in the Constitution. It contravenes an important Supreme Court ruling that said singing the national anthem or song was neither a fundamental right nor a fundamental duty. 

Justice MV Muralidharan’s order is not just flawed, it could put in danger human lives. It could give right-wing elements a handle to attack those who do not sufficiently prove their patriotism. Particularly vulnerable would be members of the Muslim community. After the apex court’s order there were incidents of physical assault on those who did not stand up when the national anthem was played in theatres. Given the religious connotations of Vande Mataram, Muslims can legitimately claim that Islam does not permit the singing of the national song but neither mobs nor ordinary policemen would understand that. Such forcible spoon-feeding of nationalism does not meet the approval of a majority of Indians who would not like to make a show of their nationalism under duress. Tamil Nadu may not take kindly to this order and how often would the court use the power of the contempt law to seek obedience of its irrational order.  

After granting the required relief the Judge held forth on the citizen’s duty to respect the national symbols. The petitioner had challenged a test for a teacher’s job in which he was denied a mark despite giving a correct answer that Vande Mataram was originally written in Bengali. He did not seek any order on compulsory singing of Vande Mataram. Judges have enough of backlog to clear; they need not waste time on courting controversies or doing what is not required of them.