The Union government on Thursday told the Delhi High Court that both the National Anthem and the National Song enjoyed equal status and respect in the country.

Replying to a petition filed by Advocate Ashwini Upadhyay, the Central government said that both ‘Jana-Gana-Mana’ and ‘Vande Mataram’ were treated at par.

Upadhyay will now file his reply on the government’s affidavit. The Delhi High Court will next hear the matter on April 28.

The Ministry of Home Affairs (MHA) told the High Court that the National Anthem ‘Jana Gana Mana’ and the national song ‘Vande Mataram’ were of equal importance as they were at the same footing.

The MHA added that as a citizen of the country, every Indian should hold the same amount of respect for both National prides.

A PIL was filed by BJP leader Ashwini Upadhyay, seeking to elevate ‘Vande Mataram’ to the status of ‘Jana-Gana-Mana’.

An affidavit was filed in response to Upadhyay’s PIL, where the government said that the National song occupied a unique and special place in the emotions and psyche of the people of India and that there was absolute equal footing that it is places at par with the anthem.

Giving a brief history of the same, the centre submitted that in the year 1971, the action of prevention of singing of the national anthem or causing disturbances was made as punishable offence under the Prevention of Insults to National Honour Act, 1971.

It further added that no such penal provisions have been made in the case of ‘Vande Mataram’ ,also there have been no compendiums of conduct have been put for singing it.

The ministry said though the National anthem and the National song have their sanctity and deserve equal respect it cannot be a matter of a writ petition before the court.

The Court was also told that both the Supreme Court and the Delhi High Court had dealt with similar matters earlier as well, but refused to pass any directions on the same.

The Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad had issued notice on Upadhyay’s plea in May.

Upadhyay has contended that the song ‘Vande Mataram’ played a historic part in India’s freedom struggle and should be honoured and granted status equal to the national anthem.

Upadhyay had mentioned in his plea that giving equal status to Vande Mataram would be in the spirit of the statement made by Constituent Assembly President Dr. Rajendra Prasad.

The petition asked the Government of Centre and the State to ensure that both Jana Gana Man and Vande Mataram were played and sung in all schools and educational institutions on every working day.

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