So far Saraswati Vandana is concerned, there can be no doubt that it is a prayer to a goddess, even though of learning. An average Hindu even though not believing in idol worship, but possibly because of his normal surroundings, may not so seriously feel the discordance in participating in a meet when Saraswati Vandana is being sung, but to force a Muslim child to participate and sing in praise of a Hindu Goddess and which goes against the very core of his religion, namely, opposition to idol worship, amounts to a gross interference with his fundamental rights under 19(1)(a) and Article 25, i.e. freedom to practice ones religion, guaranteed under the Constitution.

In my view any compulsion to sing Saraswati Vandana would be violative of the fundamental rights under Article 19(1)(a) and Article 25 of the Constitution, not only of Muslim students but even of Hindus, Buddhists and Jains students who have conscientious objection to idol worship. Article 25 of the Constitution which guarantees freedom of conscience and the right to practice religion, is in the words of Supreme Court in Emmanuels' case "an article of faith in the Constitution, incorporated in recognition of the principle that the real test of a true democracy is the ability of even an insignificant minority to find its identity under the country's Constitution.

It needs to be emphasized that the question is not whether a particular religious belief or practice appeals to our reason or sentiment but whether the belief is genuinely and conscientiously held as part of the profession or practice of religion. Our personal views and reactions are irrelevant.

Compulsion in Schools for flag saluting, or singing Saraswati Vandana or any other song does not by itself instill patriotism ...

BJP is indulging in this déliberately calculated divisive policy though couching it in the innocuous language of national unity and cultural affinity. This is all deception and one may echo what Justice Stone (USA) said "History teaches us that there have been but few infringements of personal liberty by the State which have not been justified, as they are here, in the name of righteousness and the public good, and few which have not been directed, as they are now, at politically helpless minorities. ...

Tested on the broader issue of no compulsion in schools singing even introducing Vande Mataram song may be subject of debate, though I must say I have always believed, the same as Prof. Bipin Chandra, noted historian and with unimpeachable commitment to secularism that Vande Mataram is not a religious song, and with which statement Syed Shahabuddin also agrees [only with regard to the first two stanzas which constitute the National song - Editor] ... I had always understood Vande Mataram to mean salutation to the mother land (India) ....

But then Muslim scholars like Ali Mian have raised objections and feel so strongly about it, notwithstanding that other eminent scholars like Maulana Azad or Maulana Wahiduddin Khan are said to hold different view points ...

I feel that this matter should be examined in a mutually accommodating spirit.

I would in these circumstances suggest the constitution of a committee of Muslim scholars and other reputed historians to consider this question in a dispassionate manner so as to avoid my unnecessary misunderstanding and strain. I am, of course, doubtful whether BJP Government would so agree because one of its politically strategic plank is anti minorityism, whether against Muslims or Christians. ...

If there must be a school song ... my own choice would still be Iqbal's song "Sare Jahan se achha HindustannHamara"

[Rajinder Sachar is former Chief Justice of Delhi HC and former President of PUCL]

Tagore on Vande Mataram

When Subash Chandra Bose advocated Vande Mataram as National Song in 1937, Rabindra Nath Tagore wrote to him:

"Please understanding the reality behind this song. This in reality, is a prayer to Durga Devi, and this reality is obvious that there cannot be any discussion on that. Benkim Benarji in this song of his, has made the relation of Durga with Bengal inseparable. But one cannot expect any Muslim in his fervour of national patriotism will start worshiping this Devi of ten hands. Patriotism is quite a different thing and (puja-pat) worshiping (a Devi) is a quite different act. Sacrificing one's life for the nation is a different act and worship of Durga Devi is different. Where from spring up these Devi Devatas in ones feelings of patriotism. Vande Mataram is the Bhajan of Durga Devi and never a national song". (Source: A.M. Khatib in The Dalit Voice, 1-15 April, 1999)