What Does The Law Say About Standing For the National Anthem

Amidst debates over whether or not standing for the national anthem is mandatory, here’s what the law says.

Is it unconstitutional not to stand for the national anthem? (Photo: Reuters)

Several people were allegedly asked to leave a cinema hall for not standing during the national anthem. Amidst all the debate and controversy it has engendered, what does the law say about the national anthem? The Indian Express reports:

Section 3 of the 1971 Prevention of Insults to National Honour Act says that “whoever intentionally prevents the singing of the Indian National Anthem or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both.” However, the Act limits itself only to prescribing punishment to someone who prevents others from singing the national anthem, or disturbs those who sing the anthem.

Whether one must ‘sit’ or ‘stand’ while the anthem is playing is not dictated by law. What then, has been the government’s stand on this issue? The General Provision of the order issued by the government on January 5, 2015, says:

“Whenever the national anthem is sung or played, the audience shall stand to attention. However, when in the course of a newsreel or documentary the Anthem is played as a part of the film, it is not expected of the audience to stand as standing is bound to interrupt the exhibition of the film and would create disorder and confusion rather than add to the dignity of the Anthem.”

The first part of the provision makes it compulsory that one stands when the national anthem is played, while the other allows for cases in which it is ok not so. However, there is no prescribed penalty for not adhering to it.

In 1987, a two-judge Bench ordered a school in Kerala to take back three children who had been expelled for not singing the national anthem, although they stood during it. The children chose not to sing because they believed that their religion did not permit their participation in any rituals except in their prayers to Jehovah, their God. The court ruled that no legal provision obliges anyone to sing the national anthem and that it is not disrespectful to the anthem if a person stands respectfully without singing when it is being sung by others.

Also, playing the National Anthem is permitted under the General Provision of orders issued by the Government of India. 

So, what is the final position on this matter? As things stand now, there is no judgment by the apex court, or a legal provision, or an administrative direction that makes it mandatory for people to stand during the national anthem. That they do so is basically due to convention.