A bench of justices Dipak Misra and Amitava Roy ordered that in line with states such as Maharashtra, all cinema halls in India must play the national anthem before movie screenings in order to “instill a sense of committed patriotism and nationalism” in citizens.
The bench held: “When the national anthem is played it is imperative for everyone to show honour and respect. It would instill a sense of committed patriotism and nationalism… (NDTV)
“Time has come for people to realise that the national anthem is a symbol of constitutional patriotism…people must feel they live in a nation and this wallowing individually perceived notion of freedom must go… people must feel this is my country, my motherland.” (The Indian Express)
Misra reportedly added: “You don’t mind restrictions when you are abroad. But when you are here, you don’t want restrictions. Directions are to be issued for love of the motherland.” (HT)
According to the judgment:
From the aforesaid, it is clear as crystal that it is the sacred obligation of every citizen to abide by the ideals engrafted in the Constitution. And one such ideal is to show respect for the National Anthem and the National Flag. Be it stated, a time has come, the citizens of the country must realize that they live in a nation and are duty bound to show respect to National Anthem which is the symbol of the Constitutional Patriotism and inherent national quality. It does not allow any different notion or the perception of individual rights, that have individually thought of have no space. The idea is constitutionally impermissible.
The writ petition was filed by Shyam Narayan Chouksey, who runs an NGO in Bhoipal, who was represented by Abhinav Shrivastava, seeking to prohibit commercial exploitation of the national anthem.
The central government was represented by attorney general Mukul Rohatgi.
The bench wholeheartedly agreed with that too, holding that the anthem could not be commercially exploited, dramatised, or abridged.
Standing up now required by SC law
The bench also laid down several rules surrounding the playing of the national anthem in cinemas, ruling:
Having heard the learned counsel for the parties and awaiting the reply from the Union of India, as an interim measure, it is directed that the following directions shall be scrupulously followed:- […]
(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.
Comments
It is my humble request that their are many differently Able Persons who have regards for the nation more than the any Average person but cannot stand so please make clear in your judgement that such persons to be respected for under Article 21 of the India Constitution as they are very much citizen of this country but also Humans. I am stating this as people does not understand and can make jesters and act in certain way that may hurt such people like a case similarly took place in Maharashtra. So let the people of India have clear idea about the boundaries they can touch in case of violation of your esteem order.
Kian, your use of tricolour as part of legallyindia logo is anti-nationalist. On behalf of Manan Kumar Mishra and other Modi Bhakths, I request you to (i) change the logo and (ii) apologize for hurting the sentiments of army persons standing 20 hrs a day on the border.
Who are you trying to impress by making all these "cool" and "intellectual" comments. Grow up and stop being a wannabe.
http://barandbench.com/deja-vu-justice-dipak-misra-mp-high-court-todays-national-anthem-order/
Some people, esp the highly westernized elite, may think this decision is infantile. Not so.
For a young republic like ours, it is essential the denizens get a frequent opportunity to show some semblance of obedience, respect and attachment towards some symbol of the republic.
If you feel this is antiquated, so are the silly black robes and coats of lawyers in a hot country like ours -- where most court rooms are not air-conditioned.
Now, coming to the issue we are debating, please consider what is patriotism really? Does it need to be enforced? Do we need to affirm love for the country by playing the beloved National Anthem at movies? LET US ASSUME THE ANSWER IS YES. Then why should the Anthem not be played before every public activity can commence - like sports matches, court proceedings, banking business, stock exchange trading, etc.? Legally speaking, it makes no sense to select only movies, that too by a judicial order. The law is clear - we must automatically stand when the anthem is played and nobody is arguing against that. We are just flabbergasted as to why the Apex Court is directing that the Anthem must be played before movie screenings. For many of the critics, it isn't about patriotism, but about the Constitution that judges must uphold.