National anthem not mandatory in cinema halls: Supreme Court

New Delhi/Bhopal: The Supreme Court on Tuesday said that it is not mandatory for cinema halls to play the National Anthem before screening a film. Recalling its November 30, 2016, order, which had made the playing of National Anthem before each film screening in cinema halls across the country mandatory, a three-judge bench, headed by Chief Justice Dipak Misra, said that playing of the National Anthem is now optional, at the discretion of cinema halls.

The court, however, emphasised that citizens should show respect to the national anthem whenever it is played and added that its earlier order granting an exemption to the disabled from standing in cinema halls during national anthem shall continue to remain in force.

“Playing of the anthem is directive, but showing respect is mandatory,” Chief Justice Misra observed orally on Tuesday. 

About 13 months ago, a two-judge Bench, which included Justice Dipak Mishra, had said that “love and respect for the motherland is reflected when one shows respect to the National Anthem as well as to the national flag” and made playing the Anthem mandatory. Tuesday’s order comes after the government on Monday filed an affidavit asking the Supreme Court to reconsider its National Anthem order until the inter-ministerial committee it has set up to look at any required modifications to the existing rules — Prevention of Insults to National Honour Act — submits its report.

Attorney general K.K. Venugopal told the court that a 12-member high-profile inter-ministerial committee is going to look into the occasions, circumstances and events for the solemn rendering of the Anthem. 

The panel will also examine whether any amendments are necessary to the Prevention of Insult to National Honour Act of 1971, and submit its report in six months.

Referring to complaints filed under the 1971 Act against Infosys founder N.R. Narayana Murthy and Congress MP Shashi Tharoor for “disrespecting” the Anthem, Mr Venugopal submitted, “Respect or disrespect to the Anthem has to be decided on a case to case basis. Your Lordships cannot think of a 1,000 ways of respect to the anthem”.

Leaving the issue to the government panel, the Bench said that the committee should look at all issues relating to the anthem holistically. 

Anthem has to be respected
“Three things are obvious. The anthem has to be respected as it is the salutation to the motherland. The list of occasions for showing respect to the anthem. Proper decorum has to be maintained during the anthem,” the bench added.

The Centre’s decision to look into all aspects relating to playing the national anthem follows the Supreme Court’s observation in October last year that people “cannot be forced to carry patriotism on their sleeves” and it cannot be assumed that if a person does not stand up for the national anthem, he or she is “less patriotic”.  

Petitioner Shyam Narayan Chouksey’s counsel Abhinav Shrivastav, however, submitted on Tuesday that the national anthem is a tool for national integration. “The Preamble uses the word fraternity and assures integrity. The court’s order to play the anthem in cinemas and for all to stand regardless of caste or religion serves the cause of integrity. Therefore the Nov. 30 order should not be recalled,” Mr Shrivastav said.

Senior advocate Rajeev Dhavan submitted that the anthem has a ceremonial significance and a “sacred element” which should not be trivialised by playing it four times a day in cinemas.

The committee set up by the home ministry will give recommendations regarding the playing and singing of national anthem, and changes in the Prevention of Insults to National Honour Act, 1971, if necessary.   

The panel will be headed by a special secretary level officer of home ministry and will comprise 12 other members, of the rank of joint secretary, from several ministries 

The committee is scheduled to hold a meeting on January 19 and is expected to give its recommendations in six months.