Person with disabilities need not stand-up for National Anthem. Doors of Cinema Halls need not be bolted-Supreme Court modifies its order.
ABCAUS case Law Citation:
1079 (2016)(12) SC
On 30th November-2016, The Hon’ble Supreme Court had as interim measure, issued several directions with respect to playing of National Anthem at public places including Cinema Halls.
Subsequent to the Court’s direction as above, two applications had been filed in this regard. The one application was filed seeking impleadment in the writ petition and the other for recall of the order.
Today, The both the applications were heard by the Hon’ble Court and following reliefs were granted by modifying the previous order.
Person with disabilities need not stand-up for National Anthem
The Attorney General, referring to the order of the Court submitted that it is not possible for physically challenged or physically handicapped persons shall show respect to the National Anthem by standing up as directed by the Court. He assured that in this regard, the Central Government will issue guidelines within ten days hence.
In view of the above the Hon’ble Court clarified that
“if a physically challenged person or physically handicapped person goes to the Cinema hall to watch a film, he need not stand up, if he is incapable to stand, but must show such conduct which is commensurate with respect for the National Anthem.”
The Hon’ble Court clarified that the term physically challenged or physically handicapped persons would mean persons with disability as defined under Sections 2(i) and 2(t) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Application for Recall
The Senior counsel for the respondent agreed to reconsider the grounds and amending the same. However the Hon’ble Court clarified that the recall of the order has to be heard on merits when the matter is finally debated upon.
Doors of Cinema Halls need not be bolted
The Hon’ble Court also clarified that as per its order which provides that doors of the cinema halls shall remain closed prior to playing of the national Anthem, it did not mean that the doors should be bolted but the direction was meant only to regulate the ingress and egress during the period while the National Anthem is played.