The Supreme Court has ruled that its previous order of making the playing the national anthem in cinema halls mandatory before the screening of films should be taken as directory and not compulsory in nature. The Court observed that it did not expect that the said direction to instil patriotism would lead to vigilantes and that would force aged and even disabled to be forced to stand up during the playing of the national anthem and subsequent violence.
The Apex Court observed that the term 'shall' in its previous order should be interpreted as may' and the cinema halls are only directed to play the national anthem but if there choose to play it, then people are required to show respect to it by standing up. However, disabled people cannot be forced to stand during the playing of the national anthem as observed by the order dated April 18, 2017. The central government had suggested to the Court to either pass an order for status quo restoring the position as existed prior to November 30, 2016 or the term 'shall' be replaced by 'may', until the issue is finally decided.
The Apex Court observed that the term 'shall' in its previous order should be interpreted as may' and the cinema halls are only directed to play the national anthem but if there choose to play it, then people are required to show respect to it by standing up. However, disabled people cannot be forced to stand during the playing of the national anthem as observed by the order dated April 18, 2017. The central government had suggested to the Court to either pass an order for status quo restoring the position as existed prior to November 30, 2016 or the term 'shall' be replaced by 'may', until the issue is finally decided.
Article 51 A of the Constitution of India deals wth the fundamental duties. Clause (a) states that 'It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem'.
Every citizen is required to show respect to the national insignia but that does not mean that it leads to violence in the name of nationalism and patriotism. Section 3 of the Prevention of Insults to National Honour Act, 1971, provides that: 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. The Act does not define what amounts to disrespect of the national anthem.
The bench remarked that all citizens of India and all persons representing India are duty bound to show utmost respect to the national anthem.
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