Madras High Court Says No Need To Stand Up For 'Tamil Thai Vaazhthu'

In 2018, Justice G R Swaminathan issued the judgment while quashing a FIR filed by the Remeswaram police in Ramanathapuram district against 'Nam Tamilar Katchi' (NTK) leaders. The then Tamil Nadu Governor Banwarilal Purohit introduced a Tamil-Sanskrit dictionary during a celebration conducted in Music Academy, Chennai in the existence of the Pontiff of the Kanchi Kamakoti Peetam Sri Vijayendra Saraswathi.

Kan Ilango, now linked with NTK and a member of 'Tamilar Desiya Munnani,' and his men stormed the Rameswaram branch of the Kanchi Mutt, chanting anti-Shankaracharya shouts.

They apparently entered the Mutt with their shoes on. When the Mutt manager objected, he was threatened criminally. As a result, they were charged with rioting and criminal threats of violence under several sections of the Indian Penal Code.

As a result, Ilango has filed a criminal original petition disputing the FIR. According to Section 3 of the Prevention of Insults to National Honour Act, 1971, anyone who intentionally interrupts the singing of the National Anthem or causes a disruption to any assembly engaged in such singing is punishable by imprisonment for up to three years, a fine, or both.

Every citizen of India is required by Article 51A(a) of the Constitution to respect the National Flag and the National Anthem.

Three school children from the Christian denomination of Jehovah's Witnesses were dismissed from their Kerala school after refusing to sing the National Anthem. The case went all the way to the Supreme Court, which overturned the expulsion and ordered their re-admission to school.

The Supreme Court had ruled that the children had stood politely while refusing to sing, according to the judge. It was pointed out that there is no legal requirement for anyone to sing the National Anthem. The Supreme Court judges did not believe it was disrespectful to the National Anthem if someone who stood respectfully during the singing did not participate in.

After debating the right to freedom of conscience as well as the freedom to profess, practise, and promote religion, the court came to the conclusion that tradition teaches tolerance, which should not be diluted.

The Madras High Court, while granting the petition, also noted that there is no statutory or administrative order mandating listeners to stand when the Tamil Thai Vazhthu is sung. It wasn't even close to being a national anthem.

Tamil Thai Vaazhthu, on the other hand, should be treated with the utmost reverence and respect. While the Tamil Thai Vaazhthu is sung, the audience members traditionally get to their feet.