You cannot force someone to sing “Vande Mataram”! The West Bengal Govt. is entirely wrong for forcing recital of the song. No one can force you to sing the National Anthem, let alone Vande Mataram (the National Song).
In the 1980s three children in Kerala were expelled from school because they refused to sing the National Anthem. When this matter reached the Hon’ble Supreme Court, the children explained that their religion did not permit them to salute to any authority, or sing in praise of anyone but the Almighty. And guess what – the Court said OK. It held that the expulsion was incorrect, and since then, reciting the National Anthem is not a compulsion. [Bijoe Emmanuel v. State of Kerala (1986)]
When a religious faction chooses not to recite the National Anthem, ordinarily it is because (i) “Jana Gana Mana Adhinayak” (The ruler of the minds of the people), and (ii) “Bharat Bhagya Vidhata (The Dispenser of Destiny) are powers ascribed to the Almighty. Therefore, reciting such a verse implies, either that “their” Almighty does not possess these powers, or that there is a rival to “their” Almighty.
Further, Abrahamic Religions explicitly forbid their followers from praying to any other God. [Exodus XX, Verses 4 – 6; Quran 4:48] In fact, in Islam, creating a rival to Allah (SAW) is the highest form of crime (Shirk). Therefore, it is important that everyone is given an equal opportunity to practice/profess their religion. The Constitution allows everyone to practice their religion. This right is limited only in cases where a religious practice is either against public order, morality, or health. [Art. 25 of the Constitution]
What the Government has failed to notice is that Vande Mataram is a prayer. Anyone reciting it is praising his/her motherland. While in some religions it is possible that the earth was portrayed as a divine figure, this belief cannot be imposed on practitioners of all religions. The meaning of Vande Mataram [“O Mother, I pray thee”], directly militates against the foundational pillar of religions that forbid offering prayers to any one else.
Another important question this “directive”/”order” raises is whether it is a law?
I don’t think so.
This question was also looked into in Bijoe Emmanuel v. State of Kerala], where the Court had held that mere departmental instructions/directives are not law.
There must be some law in this Country that gives the Government of West Bengal the power to issue such a directive. If there is such a law and it has been invoked to bring this directive, this law ought to be mentioned in the directive. But the directive seeks to shield itself with an innocent sentence “This order is issued with the approval of competent authority”.
And this consequently begs the question – Is this even law? Is it issued under valid authority?
TLDR – The West Bengal Govt cannot force/mandate children to recite Vande Mataram. This order is not even a law.
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