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SC makes national anthem mandatory in cinema halls



“Doors must be closed while it is played and all should stand up”


The Supreme Court on Wednesday ordered cinema halls to mandatorily play the national anthem before every screening even as all those present have to “stand up to show respect.” The practice, according to the court, will “instil a feeling of committed patriotism and nationalism.”


Cinemas should also display the national flag on screen when the anthem is played, a Bench of Justices Dipak Misra and Amitava Roy directed. The playing of the anthem, the Bench said, is to be seen as an opportunity for the public to express their “love for the motherland.”


After lunch break, the Bench added one other condition in its order. That is, all doors in a cinema hall should remain closed to prevent any kind of disturbance when the anthem is played.






“It is time people feel this is my country. This is my motherland... You are an Indian first. In other countries, you respect their restrictions. In India, you do not want any restrictions?” Justice Misra said in court.


The order came on a writ petition by Shyam Narayan Chouksey in October. The petition, which referred to the Prevention of Insults to National Honour Act of 1971, claimed that the “national anthem is sung in various circumstances which are not permissible and can never be countenanced in law.”


It also referred to Article 51 (A) of the Indian Constitution to contend that it was the duty of every person to show respect when the anthem was played. However, the petition had not asked the court to direct the anthem to be played in movie halls. Instead, it had focused on the commercial exploitation of the anthem.


When the hearing began, Justice Misra, along with Attorney-General Mukul Rohatgi, recalled a time, years ago, when the anthem was played in schools and before film shows in theatres as the flag fluttered on the screen. They then mutually agreed that respect was lacking.


The five-page written order, meant to be an interim measure on Mr. Chouksey’s petition, however did not elaborate why movie halls were particularly chosen as venues to instill nationalism.


Speaking for the Bench, Justice Misra observed in the order that “a time has come, the citizens of the country must realise that they live in a nation and are duty bound to show respect to the national anthem, which is a symbol of the constitutional patriotism and inherent national quality”. The Bench said there was no space for the “perception of individual rights” in this issue.


The court banned the commercial exploitation of the national anthem and ordered there should not be dramatisation of the anthem or its inclusion as part of any “variety show”. The court ordered that the anthem or part of it should not be printed or displayed in places “disgraceful” to its status. It also banned the display, recitation or use of the abridged version of the anthem.


The Bench said the protocol of showing respect to the anthem and flag was rooted in “our national identity, national integrity and constitutional patriotism.”


It said the order should come into effect in 10 days.
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