Chanting the National Anthem is a secular act and does not violate religious freedom guaranteed under Art.25 and 26 of the Constitution.

1. The theme of this appeal is the National Anthem of India. The appellants are the petitioners in a writ petition. The petitioners complained that singing the National Anthem offended their religious freedom. The learned judge thought otherwise. And his judgment has given rise to the appeal now before us. Background of the writ petition:

2. The petitioners were the students, of an age range of ten to fourteen, in a school near Kottayam. They belong to the religious sect known as "Jehovah's Witnesses." The school has its morning assembly of all the students. In conformity with the instructions of the Educational authorities in the State, the students are to chant the National Anthem and take a pledge before they proceed to their class rooms and commence their studies. According to the petitioners, the chanting of the National Anthem'Jana Gana Mana' is opposed to their religious tenets, which uncompromisingly insist upon the worship of Jehovah and none else as the God. Singing the National Anthem, according to them, involves worship of a God or a concept other than Jehovah, and therefore constitutes an infringement of a valuable Fundamental Right of religious freedom. The Schools and the singing of 'Jana Gana Mana':

3. It is not as though the singing of the National Anthem was introduced in the schools in the State, all on a sudden some time in 1985. The schools in the State, including the one in which the appellants study, are governed by the provisions of the Kerala Education Act and the Rules framed thereunder. R.9 of Chapter VIII points to the necessity to impress upon the students among others, of the "love of one's country and pride in her past and faith in her future." The circulars issued by the competent educational authorities also deal with the National Anthem. As early as in 1961, a Code of Conduct had been evolved for pupils and teachers based on the recommendation of a sub-committee appointed in that behalf. Under the topic 'Patriotism', it is provided:

1. Environment should be created in the school to develop the right kind of patriotism in the children. Neither religion nor party nor anything of this kind should stand against one's love of the country.

2. For national integration, the basis must be the school.

3. National Anthem. As a rule, the whole school should participate in the singing of the National Anthem."

(vide Ext. C4) (emphasis supplied) The Director of Public Instruction had on 18-2-1970 issued a circular, Ext.C3, presumably on the basis of G.O MS. No. 12/70/Edn. dated 7-1-1970. Para.2 thereof is relevant in the present context. It reads:

"It is compulsory that all schools shall have the morning Assembly every day before actual instruction begins. The whole school with all the pupils and teachers shall be gathered for the Assembly. After the singing of the Anthem, the whole school shall, in one voice, take the National Pledge before marching back to the classes." (emphasis supplied) Attitude of Jehovah's Witnesses to Jana Gana Mana:

4. Jehovah's witnesses, had even earlier taken the stand that they would not chant the National Anthem as it would barter away their religious freedom. They had even sought, by representations before the District Educational Officer and the Government on 15-12-1964 and 11-6-1968, exemption of their pupils from participating in the singing of National Anthem. The Educational Authorities and Government had not hesitated to express its attitude and approach in the matter clearly and categorically. The request for exemption was rejected by the District Officer and by Government (Vide Annexures P proceedings issued by the D.E.O., Kanjirappally on 30-1-1965 and Annexure Q order of the State Government dated 11-9-1968). The problem does not appear to have surfaced in a serious dimension thereafter, until the recent events. Recent events and filing of the Original Petition:

5. On receipt of a complaint about the refusal of the petitioners to sing the National Anthem, the Depu