The court recognized the historical significance of the song 'Vande Mataram' but emphasized that it commands respect and love without the need for formal statutory recognition or codification.

GITA MITTAL, J.

1. The petitioner contends that song ‘Vande Mataram’ has been given a equal status as the ‘Jana Gana Mana’ by the Constituent Assembly of India which met to sign the Constitution on the 24th of January 1950. It is submitted before us by Mr. Pravin H. Parekh, ld. Senior Counsel for the petitioner that even the Constituent Assembly acknowledged that the song ‘Vande Mataram’ had played a historic part in the struggle for India’s freedom movement and has to be honoured equally as the National Anthem. Contending that no set of rules regarding its rendition as well as the protocols to be followed regarding its singing have been framed, the writ petitioner has submitted that appropriate statutory recognition requires to be given to the song ‘Vande Mataram’ under the Prevention of Insults to National Honour Act, 1971 which was enacted to prevent disrespect and insults to National Symbols. Premised on these assertions, the writ petitioner seeks the following prayers :

“(a) Issue appropriate writ or order quashing the order No.19/6/2014 – Public dated 30.05.2016 passed by the Ministry of Home Affairs, Government of India;

(b) Issue writ of Mandamus or any other appropriate writ diring the respondents to issue appropriate orders/instructions with respect to the National Song ‘Vande Mataram’ and the courtesies to be observed when the same is being sung/played to ensure the respect and dignity, which the National Song deserves, on the lines of the Orders and Instructions already issued by the respondent no.1 (Annexure P-5) with respect to the National Anthem ‘Jana Gana Mana’.

(c) Issue writ of mandamus or any other appropriate writ directing that the respondents to consider moving an appropriate bill for amendment in the Prevention of Insults to National Honour Act, 1971 to incorporate provisions with respect to the National Song ‘Vande Mataram’ to ensure the respect and dignity which the National Song deserves ; AND

(d) Pass such and further orders as may be deemed just and necessary in the facts and circumstances of the present case and in the interest of justice.”

2. It is trite that this court cannot issue a writ of mandamus to the respondents to enact and effectuate legislation. Therefore, prayer (c) is untenable and no directions as have been sought can be passed.

3. Notice stands issued to the respondents, who in response thereto, have filed a detailed affidavit dated 2nd February, 2017. This court has been informed that the petitioner had made the representations dated 6th February, 2013 and 20th November, 2013 which were in terms of the submissions and prayers made in the writ petition requesting for amendments in the aforesaid legislation and also seeking framing of guidelines regarding the singing and playing of the song ‘Vande Mataram’.

4. We are also informed that the writ petitioner had earlier filed writ petition being WP(C)No.662/2014 before this court. In these proceedings, the order dated 29th January, 2014 was passed directing the Ministry of Home Affairs to consider the representations dated 6th February, 2013 and 20th November, 2013 in accordance with law and to pass appropriate orders.

5. Pursuant to the above directions, a Committee was constituted premised on the representations of the petitioner which held a meeting on 29th March, 2016 and considered the petitioner’s representation. Recommendations were made by this Committee resulting in the order dated 30th May, 2016 which was issued by the respondents inter alia noting as follows :

‘8. Whereas, after a detailed discussion, the Committee in its meeting held on 29th March, 2016 recommended that status quo may be maintained in this regard for the present, hoping that every citizen of India should remember the historic role of the song in our freedom struggle and show due respect to the song when it is played or sung ;

9. Whereas, protection under the law is not the only way to show respect to a creative work. Billions of Indians have the deepest resp