New Delhi: Calling it a violation of fundamental rights, the All India Muslim Personal Law Board (AIMPLB) has sought withdrawal of a West Bengal government’s order making recitation of all stanzas of Vande Mataram compulsory during morning assemblies in government schools and government-recognised madrasas across the state.
The Board demanded that the notification be withdrawn immediately or, at the very least, that Muslim students be exempted from its application.
The West Bengal government’s decision is not only contrary to the spirit of the Constitution but also inconsistent with India’s secular and democratic traditions, said the Board.
In a press statement, the Board’s spokesperson S.Q.R. Ilyas said that compelling any student to recite a song or text that is contrary to his or her religious beliefs constitutes a clear violation of the Fundamental Rights guaranteed under the Constitution of India, particularly Articles 19, 25, and 28(3).
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He stated that such a directive is inconsistent with the Supreme Court’s landmark judgment in Bijoe Emmanuel versus State of Kerala, wherein the Court categorically held that no citizen can be compelled to participate in a national or religious ceremony in violation of sincerely held religious or conscientious beliefs.
Ilyas said that the Muslim Personal Law Board considers it necessary to clarify that certain stanzas of Vande Mataram contain concepts that Muslims regard as inconsistent with the Islamic doctrine of monotheism (Tawhid).
Forcing Muslim students to recite the song amounts to a direct infringement upon their religious identity and constitutional freedoms, he said.
Ilyas emphasised that a secular state must not impose the religious or cultural traditions of one community upon another.
He noted that since Independence, the Government of India has never made the recitation of Vande Mataram compulsory in educational institutions. For this reason, the matter has historically been treated as one of individual conscience, religious liberty, and personal choice.
Referring to Article 28(3) of the Constitution, Ilyas pointed out that no student attending an educational institution maintained by the state or receiving state aid can be compelled to participate in religious instruction, worship, or religious observances without his or her free consent.
The AIMPLB appealed to Muslim students, parents, and teachers in West Bengal to remain aware of their constitutional and legal rights.
The Board urged them to seek appropriate legal remedies if they are subjected to any form of coercion or pressure to recite Vande Mataram, relying upon the Fundamental Rights guaranteed by the Constitution and the Supreme Court’s ruling in the Bijoe Emmanuel case.
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