Supreme Court of India (SCI) Rules That '' Playing of national anthem in cinema halls optional '' Tuesday Jan 09,2018

The Supreme Court of India (SCI) Tuesday Jan 09,2018 made the playing of national anthem in cinema halls before screening of movies optional, modifying its earlier order. 

The SCI modified its November 30, 2016, order by which it had made the playing of the anthem mandatory in cinema halls before the screening of a film. 

A bench headed by Chief Justice Dipak Misra said a 12-member inter-ministerial committee, set up by the Centre, would take a final call on the playing of national anthem in the cinemas. The Centre’s decision had come after the top court had in October last year observed that the people “cannot be forced to carry patriotism on their sleeves” and it cannot be assumed that if a person does not stand up for the national anthem, he or she is “less patriotic“. 

Observing that the society did not need “moral policing”, the court had then said that next time, “the government will want people to stop wearing T-shirts and shorts to cinemas saying this would disrespect the national anthem.” The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said the committee should comprehensively look into all the aspects relating to the playing of national anthem and allowed the petitioners to make representations before the panel.

The bench, while disposing of the petitions pending before it, made it clear that the exemption granted earlier to disabled persons from standing in the cinema halls when the national anthem is being played, shall remain in force till the committee takes a decision. 

The SCI accepted the government’s affidavit which said the 12-member panel has been set up to suggest changes in the 1971 Prevention of Insults to National Honour Act. Attorney General K K Venugopal told the bench that the committee will submit its report within six months.

The NDA Govt at the Centre had yesterday told the SCI that an inter-ministerial committee has been set up as extensive consultations were needed for framing of guidelines describing the circumstances and occasions on which the national anthem is to be played or sung and observance of proper decorum on such occassions.

The government had said that the top court may “consider the restoration of status quo ante until then, that is restoration of the position as it stood before the order passed by this court on November 30, 2016” as it mandated the playing of the anthem in cinemas before a feature film starts.

The inter-ministerial committee headed by Additional Secretary (Border Management), Ministry of Home Affairs, with representatives from various other ministries, including the Ministries of Defence, External Affairs, Culture, Woman and Child Development and Parliamentary Affairs. It would also have representatives of the Ministries of Information and Broadcasting and Minority Affairs, Department of Legal Affairs, Department of School Education and Literacy and the Department of Empowerment of Persons with Disability, the affidavit filed by Centre said.