National Anthem playing in cinema halls made mandatory. National Anthem be played before start of feature film and everyone must stand up-Supreme Court
ABCAUS Case Law Citation: ABCAUS 1067 (2016) (11) SC
A Division bench of the Hon’ble Supreme Court has today made plying of National Anthem in Cinema Halls and people to stand up mandatory as a token of respect to it. The order of the Court is required to be implemented within a period of 10 days.
The order was delivered in response to Writ Petition filed by Shri Shyam Narayan Chouksey which was admitted by the Court under Article 32 of the Constitution of India.
The petition referring to Prevention of Insults to National Honour Act, 1971, had alleged that sometimes National Anthem is sung in various circumstances which are not permissible and can never be permitted in law.
The petitioner had asserted that it is the duty of every person to show respect when the National Anthem is played or recited or sung and everyone must exhibit required and necessary respect when the National Anthem is sung or played.
The Court pending the reply from the Government of India, directed the following interim directions to be followed:-
(a) There shall be no commercial exploitation to give financial advantage or any kind of benefit. To elaborate, the National Anthem should not be utilized by which the person involved with it either directly or indirectly shall have any commercial benefit or any other benefit.
(b) There shall not be dramatization of the National Anthem and it should not be included as a part of any variety show. It is because when the National Anthem is sung or played it is imperative on the part of every one present to show due respect and honour. To think of a dramatized exhibition of the National Anthem is absolutely inconceivable.
(c) National Anthem or a part of it shall not be printed on any object and also never be displayed in such a manner at such places which may be disgraceful to its status and tantamount to disrespect. It is because when the National Anthem is sung, the concept of protocol associated with it has its inherent roots in National identity, National integrity and Constitutional Patriotism.
(d) All the cinema halls in India shall play the National Anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the National Anthem.
(e) Prior to the National Anthem is played or sung in the cinema hall on the screen, the entry and exit doors shall remain closed so that no one can create any kind of disturbance which will amount to disrespect to the National Anthem. After the National Anthem is played or sung, the doors can be opened.
(f) When the National Anthem shall be played in the Cinema Halls, it shall be with the National Flag on the screen.
(g) The abridge version of the National Anthem made by any one for whatever reason shall not be played or displayed
The Hon’ble Court stated that the above directions are issued as the love and respect for the motherland is reflected when one shows respect to the National Anthem as well as to the National Flag.
“That apart, it would instill the feeling within one, a sense committed patriotism and nationalism.” Added the Court.
The Court pointed out that as per clause (a) of Article 51(A) related to Fundamental Duties in Part IVA of the Constitution of India which provides that it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
The Hon’ble Court observed that it is crystal clear that it is the sacred obligation of every citizen to abide by the ideals engrafted in the Constitution. And one such ideal is to show respect for the National Anthem and the National Flag.
The Hon’ble Court emphatically stated that the time has come, the citizens of the country must realize that they live in a nation and are duty bound to show respect to National Anthem which is the symbol of the Constitutional Patriotism and inherent national quality. It does not allow any different notion or the perception of individual rights, that have individually thought of have no space. The idea is constitutionally impermissible.
Mr. Mukul Rohatgi, Atorney general of India submitted that the Government shall circulate this order to the Chief Secretaries of all the States and Union Territories. Also the order shall be shown in the electronic Media and published in the print media so that every one knows that such an order has been passed and follow the same in letter and spirit.
The case is listed on 14th February, 2017 for further hearing.