Karnataka High Court Dismisses Challenge To Singing State Anthem In Particular Tune Prescribed By State, Cites Right To Remain Silent

The Karnataka High Court on Wednesday dismissed a petition questioning the State government's order prescribing that the State Anthem—Jayabharatha Jananiya Thanujathe be sung for two and half minutes, in a tune composed by Mysore Ananthaswamy.

A single judge bench of Justice Krishna S Dixit while rejecting the petition filed by Kikkeri Krishna Murthy, held “Government has done it in executive power, as long as it does not affect you (petitioner) it is always open for the government to do it. As far as students are concerned there are provisions in the Karnataka Education Act, 1983 which I have construed as empowering the government to prescribe a particular raga. Petition being devoid of merits is liable to be dismissed.”

During the hearing of the petition, the State government had come out with a modified order wherein singing of the State Anthem would be made applicable only to state aided schools and state government functions.

The court while pronouncing the order also pointed that nobody is compelling the petitioners to sing the anthem. It said, “I have studied naada geethe and songs of various countries. In Japan they say shut up and sing....In our country we do not do it. In 1986 our Supreme Court in the case of Bijoe Emmanuel & Ors vs State Of Kerala, said that you need not sing the national anthem provided that you stand up and show respect. You should not disrespect. Right to sing is nothing but the right to speech and I can choose to be silent.”

The court also observed that the “Raga" is composed by an expert and the petitioner's complaint that the government cannot prescribe a raga in which the Naada Geethe has to be rendered or sung is not tenable since it is not hurting any rights.

The bench also observed that it has in the judgement discussed why singing of the state anthem is necessary. "It is as important as singing of the National Anthem,” it remarked.

Senior Advocate Ashok Haranahalli appearing for the petitioner had informed the court that he has no issues as to the great poet Kuvempu's poem being prescribed as Naada Geete. He also does not falter the prescription of singing duration at 2.30 minutes. However, he sought to reserve the right to sing the Anthem in the raga of his choice.

The petition stated that the entire State was singing the anthem in a tune composed by C Ashwath, after declaring the full text of the poem as an anthem by the government, through an order in 2004.

In June 2013, the Vasantha Kanakapura committee set up for the purpose had said that the tune composed by C Ashwath would be continued for the anthem as even Ananthaswamy had agreed to it. Ananthaswamy had not composed the tune for the entire song, the committee had stated.

Later, the Dr Channaveera Kanavi committee also recommended the tune set by C Ashwath. The latest H R Leelavathi committee had recommended the tune set by Ananthaswamy.

The plea said the petitioner had made a representation to the State government against this but the government went ahead and issued the order on September 25. It is claimed it is impossible to implement the government's new order as there is no full tune of the State Anthem composed by Mysore Ananthaswamy.

It was also claimed that if the government gets another person to compose the tune for the remaining portions, it amounts to showing disrespect to Mysore Ananthaswamy as well as the State Anthem. Thus it had sought to quash the government's order.

Case Title: KIKKERI KRISHNA MURTHY And THE STATE OF KARNATAKA & Others

Case No: WP 19801/2022

Citation No: 2024 LiveLaw (Kar) 196

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