Author: ANUP KR DAS
Whether raising the said slogan is Communal or Constitutional? Whether we can force someone to raise the said slogan? Whether any one can stop any citizen of India to raise the said slogan?
Well said by Jurist Hobes while carrying out research on the definition of ‘Rights’. As per him – ‘The biggest Right which a man posses is to right to do his duty’
That Part III of the Constitution of India consist of Fundamental Rights which in Hindi is called as ‘Moolbhoot Adhikar’ is the inherent Right assured to his citizens by birth. The said Rights are neither conferred by State or by any other institution including any Government. It is important to note that few Fundamental Rights are applicable to its Citizens i.e Article 15, Article 16, Article 19, Article 29 and Article 30 and other Articles are equally applicable to every persons residing in India. Part IV of the Constitution of India defines Directive Principles which are directive in nature. That Fundamental Rights are feasible in nature i.e one can approach Court of Law under Article 226 and Article 32 of the Constitution before High Courts and Supreme Cout of India respectively in case of Breach of any Right. The Directive Principles are non-feasible, however, the same can be read with Fundamental Rights.
That Part IVA of the Constitution of India i.e Article 51A defines Fundamental Duties and in Hindi we call it as ‘Moolbhoot Kartavya’ i.e inherent Right to perform ones duty by Birth.
That Article 51A (b) of the Constitution states as under:- “It shall be the duty of every Citizens of India to cherish and follow the noble ideals which inspired our national struggle for freedom.”
That during the time of fight for Independence of India against the Britishers, Shri Bankim Chandra Chatterjee wrote National Song which started from Vande Maataram and ……………………………….. so on…………….”. The said song encouraged the people of India and gave a lot of strength to fight for Independence. Thus the slogan ‘Vande Maataram’, a part of the the aforesaid song became a war cry for freedom.
Not only freedom fighters but even all the people of India united together to raise the slogan of Vande Maataram as a war cry for Independence. The said slogan inspired the whole Nation to struggle for freedom. The said slogan was not only raised everywhere but the people of our Nation even raised the same during Lathi charge carried out by the Britishers which helped them to bear the pain and never to surrender at any cost until and unless, Independence is achieved.
I do agree that the slogan Vanda Maataram is not directly expressed but can be a derived by interpretation of Article 51A (b) of the Constitution of India.
So, if someone says that the same is not mentioned in the Constitution of India is unjustified. However, it is also equally true that we cannot force anyone to raise the said slogan. At the same time, even no one can stop any citizen from raising the said slogan as the same comes under the ambit of ‘Inherent Duty’ which no one can stop its citizen from performing but at the same time no one can force any one to raise the same.
My dear friends, it is merely my opinion. I may be right or wrong but it is equally true that the slogan Vande Maataram is not communal but a slogan which gave strength to our freedom fighter to fight for Independence. So, cherishing the said slogan is a matter of National pride and tribute to our freedoms fighters who sacrificed their life for their motherland India i.e Bharat and also conferred by the Constitution of India. It is also equally True that the slogan Vande Maataram was not a single factor for Independence or Article 51A (b) is confined to the same but the said slogan had a great impact upon the people of India to fight for freedom.
