Why make a show of patriotism: SC judge: 

Why make a show of patriotism: SC judge: 

Context

• The apex court recently observed that people don’t have to stand up at a cinema hall to be perceived as patriotic.

‘Forced’ patriotism:

• Patriotism is a very personal sentiment and an individual’s right to express it in his/her own way is ingrained in the constitutional right to freedom of expression.
• The purpose for the measure as cited by the Court was to ‘instill the feeling of committed patriotism and nationalism within one’.

Bijoe Emmanuel vs. State of Kerala

• Apex Court had extended protection to children belonging to the Jehovah’s Witness sect, who had refused to sing the national anthem during a school assembly.
• The Court, while upholding the children’s right to freedom of speech and expression and right to religion categorically held.
• There is no provision of law which obliges anyone to sing the National Anthem

Constitutional Patriotism – a reasonable restriction under Article 51(A)?

• It has been argued that free speech and expression can be curtailed under Article 51(A) only by an existing law or a law made by the State and no other mechanism.
• The Court has taken refuge of Article 51A of the Indian Constitution to direct individuals to compulsorily stand up during the national anthem as a ‘sacred obligation’.
• Article 51A(a) of the Constitution only casts a duty on the citizens to ‘abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem’ and does not prescribe specific standards such as being required to sing and/or stand to show respect.

About Article  51A

• Fundamental Duties in India are guaranteed by the Constitution of Indiain Part IVA in Article 51A. These fundamental duties are recognized as the moral obligations that actually help in upholding the spirit of nationalism as well as to support the harmony of the nation, as well as of the citizens. These duties are designed concerning the individuals and the nation. However, these fundamental duties are not legally enforceable.
• Furthermore, the citizens are morally obligated by the Constitution to perform these duties. These Fundamental Duties were added by the 42nd Amendment Act in 1976.
• Article 51-A of the constitution provides 10 Fundamental Duties of the citizen. These duties can be classified accordingly as relating to the environment, duties towards the state and the nation and also towards self. However, the main purpose of incorporating the fundamental duties is to encourage the sense of patriotism among the country’s citizens. (encourage and not enforce)

What is the Conclusion?

• This order could spell disastrous consequences by giving teeth to self-appointed vigilantes looking to uphold the nation’s honour.
• The feeling of love and respect for the country should come to a citizen from within and something as sacred as national anthem should be played or sung only on special occasions.