Bench says no penal action evident, asks petitioner to return if rights violated
March 25, 2026: The Supreme Court of India on Tuesday questioned a petition alleging that people were being compelled to sing the national song. Senior advocate Sanjay Hegde, appearing for the petitioner, argued that while all religions are respected, forcing individuals to participate could turn it into a “social demonstration of loyalty,” creating pressure on those who may not wish to comply due to personal beliefs.
The bench, comprising Chief Justice Justice Kant and Justice Bagchi, asked whether any directive imposed penalties for not singing or if anyone had faced action for refusal. The court noted that the government circular uses the word “may,” indicating that participation is optional. It observed that freedom applies equally to those who choose not to sing, suggesting that the directive does not violate legal rights.
The court further stated that the petition was based on a “vague apprehension of discrimination” in the absence of concrete instances of coercion. It advised the petitioner to approach the court again if any actual penal action or notice is issued, making it clear that legal intervention would depend on demonstrable infringement of rights.