SC Modifies National Anthem Order, Exempts Differently Abled

The Supreme Court on 30 November had ordered the national anthem to be played in movie theatres.

Bollywood and sports personalities stand for the national anthem at an event at India Gate. (Photo: Reuters)

The Supreme Court on Friday modified its order on the National Anthem and exempted physically handicapped persons from standing before screening of a movie in cinema halls across the nation.

It also clarified that doors of theatres need not be bolted when the National Anthem is played.

The order was passed by a bench comprising Justices Dipak Misra and Amitava Roy, which agreed to hear the plea seeking recall of its order mandating playing of the National Anthem before films.

Attorney General Mukul Rohatgi informed the apex court that the Centre will issue guidelines within ten days on how physically challenged persons should show respect to the National Anthem.

The court said that physically disabled must show "some such gesture" to express their respect for anthem.

On 30 November, the SC had ordered that all cinema halls across the country should play the national anthem before a movie is screened. The national anthem should be accompanied by the national flag on the screen, the SC ruled.

The court said it was mandatory that all present inside the theatre hall should stand up as a sign of respect while the anthem is played.

A bench of Justice Dipak Misra and Justice Amitava Roy said that this would instil feeling of constitutional patriotism and nationalism.

It is the duty of every citizen to abide by the ideals ingrained in the Constitution and as such show respect to the national anthem and the national flag.

The court's order came on a public interest litigation by Shayam Narayan Chouksey seeking framing of guidelines on the playing of the National Anthem.

The Centre has reportedly agreed to circulate the order to all States' Chief Secretaries and also to publish it on electronic and print media.

Also Read: Indian National Anthem in the News? Well, It’s Not the First Time

The Indian national anthem has been mired in controversy for many years – from instances of groups asking for ‘Sindh’ to be dropped from the anthem, to Shashi Tharoor’s alleged ‘disrespect’ of the national anthem at a public rally.

Recently, Goa-based para-athlete, Salil Chaturvedi, was heckled as he continued to sit in his wheelchair while the national anthem was being played at a theatre. Standing during the anthem, however, is not the only mark of respect, neither does sitting qualify as a crime.

Section 3 of the Prevention of Insults to National Honour Act, 1971 (as amended in 2005) does not specify whether a person should sit or stand during the national anthem.

Incidentally, in a 1986 judgement for a case – popularly known as the Jehovah’s Witnesses Case – the apex court had granted protection to three children of the Jehovah’s Witness sect, who didn’t wish to join in the national anthem when it was sung at their school. This protection was granted on the grounds of freedom of religion.

The question of whether or not a person can be compelled to sing the national anthem assumes significance in light of this judgement.

(With inputs from ANI, The Hindu.)