'No Criminal Consequences': Supreme Court In T M Krishna Case On Refusal To Sing Vande Mataram For Religious Reasons

On September 22, the Supreme Court ruled that an individual who declines to sing the National Song Vande Mataram for religious or personal reasons should not face criminal consequences, drawing on the 1986 Bijoe Emmanuel case. A panel of three judges, including Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana, was considering a case brought by Carnatic musician T.M.

Krishna. The court's ruling aligns with the 1986 decision, which held that forcing students to sing the anthem on religious grounds violated their constitutional rights. Krishna's legal challenge centers on the 2026 amendment to the Prevention of Insults to National Honour Act, which would impose up to three years in prison for intentionally preventing the singing of the national song or disrupting a gathering engaged in singing it.

The Supreme Court has not yet specified the precise wording or stanzas that constitute the National Song, leaving those decisions to the elected government. The court emphasized that the constitutional questions of freedom of speech and conscience are separate from the broader issues of national symbols. The court also noted that it will not address the broader religious implications of the lyrics or decide whether the song should be performed in its two- or six-stanza versions.

The case has been referred back to the Union government for a response, but the immediate focus is on whether criminal penalties can be imposed on those who conscientiously object to singing the national song.