SC Order On National Anthem At Cinemas May Change?:- The Supreme Court on Monday said that people do not need to stand up in the cinema halls, to prove their patriotism. It further asked the Centre to consider modifying rules for regulating playing of the national anthem in the theatres.
It cannot be assumed that if a person does not stand up for national anthem, then he is “less patriotic”, observed the top court. A bench of Chief Justice Dipak Mishra, observing that the society did not need “moral policing” said “the government will want people to stop wearing T-shirts and shorts to cinemas saying this would disrespect the national anthem,” the next time.
It said that it will not permit the government to “shoot from its shoulder”. The SC further said it to take a call either way on the issue of regulating playing the national anthem. It may modify its December 1, 2016 order, indicated the bench. As per the order, before the screening of the film, the playing of national anthem was made compulsory in the movie halls, and it may replace the word “shall” with “may”.
“People go to cinema halls for undiluted entertainment. Society needs entertainment. We cannot allow you (Centre) to shoot from our shoulders. People do not need to stand up in cinema halls to prove their patriotism,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.
“Desirability is one thing but making it mandatory is another. Citizens cannot be forced to carry patriotism on their sleeves and courts cannot inculcate patriotism among people through its order,” the bench said.
The strong remarks of the court came during the hearing on a PIL. The PIL was filed by one Shyam Narayan Chouksey, last year, seeking directions that the national anthem should be played in all the cinema halls before a film begins. A bench headed by Justice Mishra, in contrast to these remarks, had ordered the theaters across the country to “mandatorily” play the national anthem and the audience in a bid to “instill committed patriotism and nationalism”, must stand and show respect. The order was passed on December 1 last year.
Attorney General K K Venugopal, appearing for the Centre, during today’s hearing on the PIL, said India was a diverse country and to bring in uniformity, the national anthem needed to be played in the cinema halls. He said it should be left open to the government to take a call on its own discretion on whether the anthem should be played in theaters and whether people should stand up for it.
“What is stopping you from amending the Flag Code? You can amend it and say where to play national anthem and where it can’t be done. Nowadays, anthem is played during matches, tournaments and even Olympics where half of the crowd does not understand its meaning,” Justice Chandrachud said.
The bench said “You (Centre) take a call. Government should not show any reservation to the amendment as the court would not allow it to shoot from its shoulders”.
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The Centre was then asked by the Court to consider taking a call in the next date of hearing. The hearing is scheduled for January 9. Amending the national flag code for regulating the playing of national anthem in cinema halls across the country would be taken into consideration or not in the hearing. It said that uninfluenced by its earlier order, the Centre has to take a call on the playing of the national anthem in the theaters.
In its December last year’s order, the apex court 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”. The printing of the anthem or a part of it on any object was also barred by it and also showing it in such a manner at places which may be “disgraceful to its status and tantamount to disrespect”.
The court, passing a slew of directions, had said that fundamental duties in the Constitution “do not allow any different notion or the perception of individual rights that have individual thought, have no space. The idea is constitutionally impermissible”.
“The directions are issued, for love and respect for the motherland is reflected when one shows respect to the National Anthem as well as to the National Flag. That apart, it would instill the feeling within one a sense committed patriotism and nationalism,” it had then said.
Regarding its playing and singing at official functions and programmes, the proper norms and protocol should be fixed, where those holding constitutional office are present, said the apex court.
SUPRAJA
