Standing up for National Anthem: What the Supreme Court has ruled

Source: The post is based on the article “Standing up for National Anthem: What the Supreme Court has ruled” published in The Indian Express on 8^th July 2023.

Syllabus: GS 2 – Structure, Organization & Functioning of the Executive and the Judiciary

Relevance: About the SC rulings on singing National Anthem

News: An executive magistrate in Srinagar has sent 11 men to jail after they were detained for allegedly not rising for the National Anthem at an event on June 25 where J&K Lt Governor Manoj Sinha was present.

What are the Supreme Court rulings related to singing the National Anthem?

Bijoe Emmanuel Case: The law around alleged disrespect to the National Anthem was laid down by the Supreme Court in its 1986 judgment in Bijoe Emmanuel & Ors vs State Of Kerala & Ors.

The case involved the three children from the religious group Jehovah’s Witnesses who refused to participate in singing the National Anthem at their school. For this, they were expelled by the school.

However, when the case reached SC, it held that forcing them to sing the Anthem violated their fundamental right to religion under Article 25 of the Constitution and the court also provided legal protection to them.

The Supreme Court further stated that Article 25 was incorporated in recognition of the principle that the ultimate measure of a true democracy, lies in the ability that even an insignificant minority finds its identity under the Indian Constitution.

SC also held that standing up respectfully for the National Anthem but not singing does not constitute an offence under the Prevention of Insults to National Honour Act, 1971.

Shyam Narayan Chouksey Case: The matter involving singing the national anthem again came up to SC in Shyam Narayan Chouksey vs Union of India (2018).

The court initially passed an interim order in 2016 that “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’’.

However, in its final judgment in 2018, the court modified its interim order.

The court held that the extent that playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory.

Must Read: Why make a show of patriotism: SC judge