Bengal madrasa Vande Mataram order faces pushback on ground, scrutiny in HC

Resistance is growing among sections of Bengal's Muslim community after the state Madrasa Education Department directed all madrasas to sing Vande Mataram during morning prayers, with madrasa bodies and minority organisations saying the move clashes with their religious beliefs and has triggered opposition from parents, teachers and students.

The issue also acquired a political dimension during Tuesday's hearing in Calcutta High Court, where senior lawyer and TMC MP Kalyan Banerjee questioned the compulsory singing of the song.

"This issue was discussed in Parliament. Not a single Muslim MP supported it. It would undermine the country's secular, sovereign character. How can a ten-year-old child say, 'No, I will not sing this song'?" Banerjee said while appearing during the hearing.

The controversy stems from a public interest litigation (PIL) filed by social activist Sourav Datta challenging the mandatory singing of Vande Mataram in madrasas. A division bench of acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee directed the Centre to file an affidavit by 16 September clarifying its stand, but declined to grant any interim relief.

On the ground, madrasa representatives say implementation has been difficult. Asikul Alam, a member of the Bengal Madrasa Education Forum, said the organisation was yet to take a decision as it had not received a copy of the court's order.

"We have not yet got the order copy of the court. We have taken no decision on Vande Mataram till now. Though a few madrasas have started the practice, we are facing a lot of resistance from the students, parents and teachers," he said.

Alam said many students were struggling because the song was unfamiliar. "Many students are finding it difficult to sing as it is a completely new song to us. We have received many complaints," he said.

He also alleged that minorities had become increasingly reluctant to voice their concerns publicly. "Soon after the government changed in Bengal, we have seen how they are trying to suppress the voice of the minorities as a whole. So, people are not saying anything publicly and are treading a more cautious path," he said.

Jamil Ahmed of the Minorities Welfare Society also criticised the directive and the court's observations. "It is evident from the observation of the court that the legislature is also being influenced and run by the whims and fancies of the RSS and the BJP," he claimed. "They are trying to curb the freedom granted to people by the Constitution, which proves how the main pillars of the Constitution are slowly getting into the route of saffronisation."

Ahmed said most madrasas had not yet begun singing Vande Mataram. "Basically you have to understand that we worship only one God. And the song in question amplifies worshipping another. There is no doubt that we have all respect for our motherland and can die for it. But singing the song is against our religious principles. We will approach the higher court in due course of time," he said.

During the hearing, senior advocate Bikash Ranjan Bhattacharya, appearing for the petitioner, argued that while people were free to sing Vande Mataram voluntarily, it could not be made compulsory. "How can this be done? Where is the authority? At the time of the Constitution's adoption, only two stanzas were cited; the remaining stanzas appear in the novel Anandamath. One may sing it voluntarily, but it cannot be made mandatory," he argued.

Bhattacharya also sought suspension of the notification until the Centre filed its response, saying compulsory singing would undermine the secular character of the state and could affect communal harmony.

The bench questioned the maintainability of the plea, asking, "What exactly are you seeking from the court? What kind of interim order can the court pass? You are a social worker — how have you personally been affected?" It also observed, "This song is sung during prayers in thousands of Christian-run schools as well. Has the sky fallen because of that?"

When Bhattacharya sought an immediate stay, the court declined, saying it could not pass an interim order without first hearing the Centre. However, it observed that anyone aggrieved by action taken under the directive would be free to approach the court.

Representing the Centre, additional solicitor-general Dhiraj Trivedi opposed the petition, calling it "not a genuine PIL" but "a case filed for publicity". He argued that government policy could not be altered to suit a particular group and maintained that the notification was intended only to popularise Vande Mataram, not compel anyone to sing it. He sought time to place the Centre's detailed stand before the court.