Playing of national anthem in cinemas optional, says SC

New Delhi, January 9

Playing the national anthem in cinema halls before screening of films is no longer mandatory as the Supreme Court on Tuesday modified its November 30, 2016, order in this regard.
A Bench headed by Chief Justice of India Dipak Misra left it to the discretion of cinema hall owners to take a call on the issue.
In case the national anthem is played before screening of films, movie-goers will have to show respect, it said. Standing up would be taken as showing proper respect, it clarified.
The Bench asked the government’s inter-ministerial committee to take a comprehensive decision on the changes needed in the existing laws relating to the anthem. It asked the committee to look into all possible aspects of the subject.
Acting on a PIL filed by one Shyam Narayan Chouksey, the top court had on November 30, 2016 made playing of the national anthem in cinema halls before screening of films mandatory. It had also barred printing of the anthem or a part of it on any object and displaying it in such a manner at places which may be “disgraceful to its status and amount to disrespect”.
However, on Tuesday, the top court disposed of the petition.
The court’s order came a day after a reversal of stand by the Ministry of Home Affairs (MHA) which told the top court in an affidavit that it had set up an inter-ministerial panel to frame new guidelines on playing of the national anthem in six months.
“Upon consideration of the recommendations made by the committee, the government may bring out the requisite notification or circular or rules in this regard, if required,” the MHA affidavit stated.
The MHA had requested the court that in the meantime it should “consider restoration of status quo ante, which is restoration of the position as it stood before the order was passed by the court on November 30, 2016” regarding mandatory playing of the anthem in cinema halls before screening of films.
The Centre’s affidavit had contradicted its earlier stand before the court as it had even wanted a debate as to why mandatory playing of the national anthem be there in schools.
On October 23 last year, Attorney General KK Venugopal had supported playing of national anthem in cinema halls even as the Bench indicated it was open to modifying its November 2016 order.
Venugopal had, however, said it should be left open to the government to take a call on its own discretion if the national anthem should be played in cinema halls and if people needed to stand up for it.
The Bench had asked the Centre to consider amending the National Flag Code for regulating the playing of national anthem in cinema halls across the country and take a call uninfluenced by its earlier order.
The bench had during the last hearing indicated that it might modify its 2016 order by replacing the word “shall” with “may”, making playing of the national anthem optional.
The controversy surrounding the Supreme Court’s order to play national anthem in cinema halls had taken a curious turn during the last hearing with one of the judges on the three-judge Bench raising questions over making it mandatory.
“Should we wear our patriotism on our sleeves?” asked Justice DY Chandrachud. “Next thing will be that people should not wear T-shirts and shorts to movies because it will amount to disrespect to the national anthem…where do we stop this moral policing?” Justice Chandrachud–who is part of the Bench headed by Chief Justice of India Dipak Misra–had asked.