Is it a crime not to stand for the national anthem? Supreme Court's Rulings on Standing for the National Anthem - Kruthiga V S
The Supreme Court of India has made significant rulings regarding the act of standing for the National Anthem, stirring debates and discussions across the nation. As citizens, we often find ourselves questioning the importance of this gesture and its impact on our constitutional patriotism. Let’s delve into what the court has ruled on this matter and gain a comprehensive understanding.
The Code of Conduct for the National Anthem outlines certain guidelines that we should adhere to. When the Anthem is sung or played, it is expected that the audience stands in attention as a sign of respect. However, indiscriminate singing or playing of the Anthem is discouraged, and there are exceptions when it is performed as part of a newsreel or documentary. The full version of the Anthem should ideally be played in 52 seconds, while a shorter version consisting of the first and last lines can be played in about 20 seconds.
To enforce respect for national symbols, the Prevention of Insults to National Honours Act of 1971 was enacted. This legislation prohibits any violation or insult towards national symbols, including the National Anthem. Offenders can face imprisonment for up to three years or a fine, or both.
Judicial interventions have provided further clarity on this matter. In the Bijoe Emmanuel v. State of Kerala case, the court protected three children belonging to the Jehovah’s Witnesses sect, who chose not to sing the National Anthem due to their religious beliefs. The court recognized their fundamental right to religion under Article 25 of the Constitution and stated that standing respectfully without singing does not hinder the singin
In the Shyam Narayan Chouksey v. Union of India case, a filmmaker was accused of disrespecting the National Anthem in one of their movies. The Supreme Court ruled that viewers or audiences attending a film screening are not obligated to stand when the Anthem is played as part of the movie. However, in a 2016 interim order, the court mandated the playing of the Anthem before feature films in cinema halls, which was later modified to an optional practice in 2018.
In the recent Tawseef Ahmad Bhat v. State of J&K case, the court addressed a situation where a lecturer was accused of showing disrespect by not standing during the National Anthem at a celebration. While the court recognized such actions as a failure to adhere to fundamental duties, they clarified that it did not constitute an offense under the Prevention of Insults to National Honour Act.
These judicial rulings strive to balance patriotism and constitutional principles. It is crucial for citizens to understand their rights and responsibilities regarding the National Anthem to foster a sense of unity and respect for our nation.
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