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Justice G R Swaminathan of the Madras High Court has held that the 'Tamil Thai Vaazhthu', an invocation, is only a prayer song and not a National Anthem and hence, there is no need for every one to remain in standing posture when it is rendered. The ruling came while quashing an FIR registered against "Nam Tamilar Katchi" (NTK) functionaries by the Rameswaram police in Ramanathapuram district, in 2018.

Factual Matrix

The then Tamil Nadu Governor Banwarilal Purohit released a Tamil-Sanskrit dictionary at a function held in Music Academy, Chennai in the presence of the Pontiff of the Kanchi Kamakoti Peetam Sri Vijayendra Saraswathi on January 24, 2018. When the invocation song to Mother Tamil, "Tamil Thai Vaazhthu" was played, the seer remained seated and this triggered considerable outrage and debate.

Kan Ilango, now associated with NTK and then part of "Tamilar Desiya Munnani", and his men entered the branch of the Kanchi Mutt in Rameswaram, shouting slogans, condemning the Shankaracharya.

They allegedly entered the Mutt premises wearing footwear. When the Mutt manager protested, he was criminally intimidated. Hence, a case was registered against them for offences under various sections of the IPC including rioting and criminal intimidation. Hence, the present criminal original petition from Ilango, challenging the FIR.

Order

The Court noted that “Tamil Thai Vaazhthu” is a prayer song and not an Anthem. There is no statutory or executive order requiring the attendees to stand up when Tamil Thai Vaazhthu is sung. But highest reverence and respect ought to be shown to Tamil Thai Vaazhthu.

“It is true that the members of the audience conventionally stand up whenever Tamil Thai Vaazhthu is sung. But the question is whether this is the only mode in which respect can be shown. When we celebrate pluralism and diversity, insisting that there can be only one way of showing respect reeks of hypocrisy,” the Court further stated.

The Court further referred to the Supreme Court decision Bijoe Emmanuel vs. State of Kerala wherein the Apex Court noted that there is no provision of law which obliges anyone to sing the National Anthem.

Justice Swaminathan further noted that a Sanyasi primarily leads a life of piety. When in prayer, he is invariably found in a meditative posture. Since Tamil Thai Vaazhthu is a prayer song, a Sanyasi is certainly justified in sitting in a state of meditation. In the instant case, the pontiff is seen sitting in a Dhyana posture with his eyes closed. “It was his way of expressing his reverence and respect for Mother Tamil,” the Court stated.

The Court quashed the FIR noting that the petitioner and the de-facto complainant do not appear to have any ill-feeling or rancour towards each other. “The whole occurrence appeared to be more of an emotional outburst,” the Court concluded.

Cause Title: Kan. Ilango v. State Represented by Inspector of Police & Another