Whether refusal of singing National Anthem is violative of Fundamental Duties of the Indian Constitution

Karthik.T | Sastra Deemed University Thanjavur | 5th July 2020

Bijoe Emmanual Vs State Of Kerala

FACTS:

This case is also known as the National Anthem case. In this case, three children were belonging to Jehova’s witness of the Christian community. They were expelled from their school by their principal because they did not sing the National Anthem. They challenged the validity of their expression on the ground that it was violative of their fundamental rights under Article 25(1) of the Indian Constitution. A circular has been issued by the director of public instruction which made it compulsory to sing the National Anthem in their school. In this case, the three children had stood during singing of National Anthem but they did not sing together. They refused to sing the National Anthem because it is against their religious ritual and they will sing only their religious song. So they filed the case in Kerala high court seeking that the school should take their children back to school. 

ISSUES:

Whether refused to sing national anthem will result in the expulsion of the student from the school

LEGAL PROVISION:

Article 25 of the Indian Constitution

PETITIONER CONTENTION:

The petitioner contended that the refusal of singing the National Anthem is their right. And then they only sing their religious song and expulsion of the student from school for not singing National Anthem is violative of Article 25(1) of the Indian Constitution.

RESPONDENT CONTENTION:

Respondent contended that the director of Public Instruction had made compulsory that the student should sing National Anthem in their school.

KERALA HIGH COURT OBSERVATION :

The Kerala high court held that it is their fundamental duty under the constitution to sing National Anthem in their school and if any student refused to sing National Anthem then it will be a bad opinion among other students who sing National Anthem so the headmaster has the right to expel all the three students. And further said that the three students must give in writing that they will sing National Anthem in their school after that the can rejoin the school.

SUPREME COURT OBSERVATION:

The supreme court observed that no person can compel to sing the National Anthem. If they did not wish to sing National Anthem means there is no legal obligation. In this case, the three children had stood up during the singing of national anthem so it is respect from their side and thus it is not violative of fundamental duties.

JUDGMENT     

The court direct concern authority to re-admit the three children in the school and allow them to pursue their studies