The Supreme Court has sent an important constitutional message: patriotism cannot be enforced by penalising a person for exercising freedom of conscience. A three-member Bench headed by Chief Justice Surya Kant has observed that those who do not sing Vande Mataram, in whole or in part, should not face criminal prosecution or punishment merely because of their refusal.

The court has drawn upon the principle laid down in the landmark Bijoe Emmanuel case. That case concerned three children belonging to the Jehovah’s Witness faith who declined to sing Jana Gana Mana because their religious convictions prevented them from singing praises to anyone other than God. They were expelled from school.

The Supreme Court came to their rescue because the children........

© Free Press Journal