Communalists must have Respect for the Constitution

Recently, a video circulated on social media in which a YouTuber asked a Muslim labourer which train he intended to board. Instead of saying "Vande Bharat," the labourer repeatedly referred to it as "Gande Bharat." When the YouTuber asked him why he was deliberately mispronouncing the name, the labourer smiled and replied that he would always call it "Gande Bharat." Such conduct may perhaps be attributed to a person with little formal education.

However, prejudice and sectarian attitudes are not confined to the uneducated. I recall a highly educated teacher at Banaras Hindu University who habitually referred to Ramnagar, situated across the Ganges from the university, as "Nam Nagar." He would also offer Namaz in his office chamber on campus. Whenever some students objected to what they considered inappropriate conduct in an academic setting, several others, claiming to uphold secular values, would immediately come to his defence. This illustrates how communal attitudes can manifest in different forms and are often judged by different standards depending on the circumstances.

Against this backdrop, many people have criticised the Chief Minister of West Bengal for making the singing of the national song and national anthem compulsory in Madrasas. A letter issued on May 19 by the Director of Madrasa Education directed that "Vande Mataram" be sung before classes commence. It is difficult to understand why this should automatically be viewed through a Hindu-Muslim lens.

The Constitution empowers governments to frame educational policy. Since the 42nd Constitutional Amendment of 1976, education has been placed in the Concurrent List, meaning that both Parliament and the State Legislatures can enact laws on the subject. In the event of a direct conflict, central legislation prevails.

Unfortunately, Madrasas are often viewed by communal elements solely through the prism of religion, despite receiving support and facilities from the government like other educational institutions. The issue of national symbols and religious belief is not new. In 1985, a controversy arose in Kottayam, Kerala, when three schoolchildren belonging to the Jehovah's Witnesses faith refused to sing the national anthem, "Jana Gana Mana," during the school assembly. However, they stood respectfully while the anthem was being sung. Their religious belief was that they could not participate in acts that they regarded as a form of reverence to anyone other than God (Jehovah). The school expelled them, and the dispute eventually reached the courts.

The Kerala High Court initially upheld the expulsion. However, in 1986, the Supreme Court of India reversed that decision. The Court held that no law required an individual to sing the national anthem, that the children had shown no disrespect by standing respectfully, and that their expulsion violated their fundamental rights under Articles 19 and 25 of the Constitution relating to freedom of speech and freedom of religion.

Justice O. Chinnappa Reddy, who authored the judgment, was a born Christian who later became an atheist, emphasised an important constitutional principle: courts should not sit in judgment over whether a religious belief is reasonable or unreasonable. Their role is to protect the constitutional freedoms guaranteed to all citizens, provided public order, morality, and other constitutional limitations are not violated.