'Vande Mataram and "Jana Gana Mana" must be respected equally': Center to Delhi High Court

According to the Central Government, both "Vande Mataram" and "Jana Gana Mana" are on a same level, and people should treat them both with respect. "National song occupies a unique and distinctive place in the emotions and psyche of the people of India," the Ministry of Home Affairs wrote in its submission.

In their response, the MHA further emphasised that on January 24, 1950, the President of India's Constituent Assembly designated "Jana Gana Mana" as the country's national anthem.

The way and the conditions in which the national anthem of India must be played or sung are specified in the "Orders related to the National Anthem of India." The Prevention of Insults to National Honour Act, 1971, which was passed that year, made it an offence to interfere with any assembly that is singing the National Anthem or to prohibit them from doing so.

Ashwini Kumar Upadhyay, a BJP leader and lawyer, filed a Public Interest Litigation (PIL) seeking equal treatment for India's National Anthem and National Song as well as to set rules for the National Song "Vande Mataram" that would accord it the same honour and status as the National Anthem.

The Center, however, made it clear that the government had not set any such punitive measures for the National Song "Vande Mataram" and that no directives had been published outlining the circumstances under which it may be sung or played. The Supreme Court's ruling was also mentioned by the Centre in a prior, related petition by Upadhyay.