By an
order passed by Supreme Court of India (Bench comprising Justice Dipak Misra
and Justice Amitava Roy) on 30th November 2016 in a PIL (Writ Petition No. 855
of 2016) filed by one Shyam Narayan Chouksey, the Hon’ble Court passed certain
directions making it mandatory for the Indian National Anthem to be played
before the start of the movie in the Cinema Hall and for audience to stand up
while the national anthem is being played. The Court passed the directions so
as to instil a sense of nationalism in every citizen and to ensure respect for
the national anthem as mandated by the ‘Prevention of Insult to National Honour Act 1971’.
The
Supreme Court inter-alia passed the following directions, as an interim measure,
and ordered that these should be scrupulously 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.
By a
subsequent order on 9th December 2016, the Supreme Court modified the order by
exempting the physically handicapped persons from standing during playing of
national anthem but only if if he is incapable to stand and with further rider
that he must show such conduct which is commensurate with respect for the
National Anthem. The Court further observed that physically handicapped or
physically challenged person who is entitled to such exemption means person 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’.
The
Court also clarified that ‘doors shall be closed’ does not mean that the doors
shall be bolted. It only means the doors should be closed closed only to
regulate the ingress and egress during the period while the National Anthem is
played.
The
case would be further heard on 14th February, 2017.
Sunil Goel advocate
B.Sc. L.Lb L.Lm
