Is It Really Mandatory to Stand up During the National Anthem?

The MHA says one must never disrupt the singing of national anthem, what about not standing up during the same?

Recently, a controversy has arisen over whether it is mandatory as per law, to stand to attention during the playing of the national anthem in a cinema theatre. However, there is little clarity on the legal position. To begin with, it may be useful to examine the rules and regulations which govern exhibition of films and newsreels in theatres.

The exhibition of films is a State subject. Whereas the ‘sanctioning of cinematographic films for exhibition is governed by Article 60 of the Union List of the Constitution of India (seventh schedule), the (exhibition of) cinemas is governed by Article 33 of the State List. Most states have their own Cinematograph Act & Rules, which supplement the Cinematograph Act, 1952, administered by the Ministry of Information and Broadcasting.

Up to the 1980s, news reels showcasing important national and international events were regularly played in theatres before the screening of films. These newsreels were invariably produced by the Films Division of India, an attached office under the Ministry of Information and Broadcasting. Often, the national anthem was part of the newsreel. With the advent of cable TV in the 1990s, these newsreels became redundant and were discontinued. Around the same time, the rule for screening of socially relevant documentaries in theatres was also liberalised, and now theatre owners were free to play documentaries produced by private players.

Government’s Rules

As per section 5(3) of the Maharashtra Cinemas Regulation Act of 1953, the State Govt may issue directions to exhibitors to give adequate opportunity for exhibition to scientific films, films intended for educational purposes, films dealing with current news and events, and so on. An executive order was issued in 2003 by Maharashtra Govt, asking exhibitors to play the national anthem before the screening of a film. Exhibitors have produced their own versions of the national anthem which they are currently playing before a film screening. Such a film, playing the full national anthem (approximately 52 seconds), would fall within the category of short films, as per the Cinematograph Act, 1952, and is duly certified by the Central Board of Film Certification for exhibition.

Now we come to the question, whether it is mandatory to stand to attention during the national anthem?

The latest guidelines of Ministry of Home Affairs (MHA) lay down the circumstances in which playing the instrumental version and mass singing of national anthem may be permitted. Normally it is expected that the instrumental version of the national anthem would be played at all ceremonial functions. Mass singing along with the playing of the national anthem is permitted on certain ceremonial occasions, especially when the President of India arrives at, or departs from a formal function. Further, section III (4) of the Rules state as follows –

It is not possible to give an exhaustive list of occasions on which the singing (as distinct from playing) of the Anthem can be permitted. But there is no objection to the singing of the Anthem accompanied by mass singing so long as it is done with due respect as a salutation to the motherland and proper decorum is maintained.

Standing to attention is not a legal requirement if the national anthem is played as part of a newsreel or documentary or film in a theatre, although this may be the prevalent social norm.

As Long As One Does Not Disrupt

As far as singing and playing of the national anthem at cinema theatres is concerned, here is what the Rules say-

“V. GENERAL (1) Whenever the 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.

(2) As in the case of the flying of the National Flag, it has been left to the good sense of the people not to indulge in indiscriminate singing or playing of the Anthem.”

It follows that standing to attention is not a legal requirement if the national anthem is played as part of a newsreel or documentary or film in a theatre, although this may be the prevalent social norm.

So what are the circumstances in which one can be said to violate the MHA rules?

Section 3 of the Prevention of Insults to National Honour Act, 1971 states:

“ 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.”

It stands to reason, therefore, that if someone does not disturb the playing of, or prevent others from singing the national anthem in a theatre, such person would not be violating the MHA guidelines. Decorum demands that one maintains peace while the national anthem is being played; not doing so would undoubtedly be disrespectful to the national anthem. This reasoning is supported by decisions of various High Courts as well.

(The author is a Commissioner of Income Tax at Delhi and former Director (Films) at Ministry of Information&Broadcasting, GOI. The views expressed in this article are her own.)

Also read:
Bullied for Not Standing for Anthem: Is This Our Idea of India?