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1985 Supreme(Ker) 351

MALIMATH, SUKUMARAN
BIJOE EMMANUEL – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

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


















































































































































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