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In October 2017, a PIL was filed in the Delhi High Court seeking a direction to treat the national song ‘VANDE MATARAM’ at par with the national anthem. Upadhyay had said that the national song played a vital role in the Independence movement and was first sung in a political context by Rabindranath Tagore at the 1896 session of the Indian National Congress. The sentiments expressed in 'Jana Gana Mana' have been expressed keeping the State in view and 'Vande Mataram' denote the nation's character and style. He said that both must be treated equally and also sought a direction to the central government to frame a national policy to promote and propagate both the national anthem and the national song. The court had dismissed the petition saying 'Vande Mataram' occupies a "unique and special place" in the psyche of Indians but it cannot be treated at par with 'Jana Gana Mana'.
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