Sep 25, 2024 09:22 UTC
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Sep 25, 2024 at 09:22 UTC
Case Study: Shyam Narayan Chouksey v. Union of India (UOI) and Ors.
“Respect for the National Anthem is essential, but mandating its performance in cinema halls is a matter left to discretion, pending the government’s decision based on a committee’s recommendations.”
Citation: AIR 2018 SC 357
Date of Judgment: 9th January, 2018
Court: Supreme Court of India
Bench: Dipak Misra (CJ), A.M. Khanwilkar (J), Dr. D.Y. Chandrachud (J)
Facts
- In this Public Interest Litigation (PIL), Shyam Narayan Chouksey approached the Supreme Court under Article 32 of the Constitution, seeking directions for ensuring respect towards the National Anthem. He urged the Court to issue specific guidelines on when and how respect for the National Anthem should be demonstrated. He also asked for prohibitions on using the National Anthem for commercial or entertainment purposes, and on printing it on inappropriate objects.
- On November 30, 2016, the Supreme Court issued an interim order requiring all cinema halls in India to play the National Anthem before the start of a feature film. The Court directed that everyone present in the cinema hall must stand to show respect during the National Anthem. The interim order also imposed certain restrictions to ensure respect for the anthem and the National Flag.
- Over time, various stakeholders raised concerns about the practicality and appropriateness of enforcing these rules, especially for physically disabled individuals.
Decision of the Supreme Court
The Supreme Court’s final ruling in this case modified its previous interim order regarding the mandatory playing of the National Anthem in cinema halls. The Court shifted from a mandatory stance to one of discretion, pending the final decision of the Central Government based on the recommendations of a committee that had been constituted to look into the matter.
Key legal issues discussed
1. Whether playing the National Anthem in cinema halls should be made mandatory?
No
The Supreme Court initially issued an interim order making it mandatory for cinema halls to play the National Anthem before a feature film, with all attendees required to stand in respect. However, following submissions from various stakeholders, the Court reconsidered the practical challenges and the appropriateness of enforcing such a mandate. The Court acknowledged that cinema halls may not be the most suitable venues for fostering a sense of patriotism.
The Court referred to the judgment in Bijoe Emmanuel v. State of Kerala[1], where it had previously dealt with the issue of respect for the National Anthem. In Bijoe Emmanuel, the Court had held that compelling individuals to act in a manner that contradicted their religious beliefs, such as standing for the National Anthem, violated their fundamental rights under Articles 19(1)(a) and 25 of the Constitution. The Court emphasized the importance of respecting the National Anthem but also recognized that respect can be shown in different ways depending on the circumstances.
In paragraph 30, the Court emphasized the need for respect for the National Anthem but stated that such respect should be demonstrated as per the guidelines formulated by the government. The Court acknowledged that different places and contexts might require different approaches:
“When we consider the perspectives put forth before us pronounced in their own way, we have no shadow of doubt that one is compelled to show respect whenever and wherever the National Anthem is played. It is the elan vital of the Nation and fundamental grammar of belonging to a nation state.”
Ultimately, the Court decided to modify its earlier directive by making the playing of the National Anthem in cinema halls optional rather than mandatory until the government made a final decision.
2. Should disabled persons be exempt from standing during the National Anthem in cinema halls?
Yes
The Court acknowledged that certain individuals, particularly those with physical disabilities, may not be able to comply with the standing requirement during the playing of the National Anthem. In its earlier orders, the Court had already clarified that disabled persons were exempt from standing, provided they showed respect in a manner commensurate with their abilities.
The Court specified the categories of individuals exempted from the standing requirement. The Court directed that the persons who are wheel chair users, those with autism, persons suffering from cerebral palsy, multiple disabilities, parkinsons, multiple sclerosis, leprosy cured, muscular dystrophy and deaf and blind be treated not to be within the ambit of the orders passed by the Court. This exemption will remain in effect until the government could provide specific guidelines through the committee.
3. Does the Prevention of Insults to National Honour Act, 1971 cover all aspects of showing respect to the National Anthem?
No
The petitioner argued that while the Prevention of Insults to National Honour Act, 1971 penalizes disrespect to the National Anthem, it does not fully define how respect should be shown. The Court noted that although the Act prohibits certain acts of disrespect (such as preventing the singing of the anthem or causing a disturbance), there was a need for comprehensive guidelines or amendments to provide clarity on various aspects of respect for the National Anthem.
The Court quoted observed Section 3 of the 1971 Act, which prohibits disturbances during the National Anthem, and added that this provision is a penal measure 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 upto three years, or with fine, or with both. The Court left it to the committee to decide whether amendments were needed to the 1971 Act or whether new executive instructions were necessary.
Considering the arguments, the Supreme Court initially mandated the playing of the National Anthem in cinema halls, but after reviewing practical concerns and legal precedents, modified its earlier directive to make the playing of the anthem optional.
[1] AIR 1987 SC 748.
