TO INSTILL “committed patriotism and nationalism”, the Supreme Court Wednesday ordered that “all the cinema halls in India shall play the national anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the national anthem” as a part of their “sacred obligation”. Discarding notions of “any different notion or the perception of individual rights”, a bench of Justices Dipak Misra and Amitava Roy added that the movie screen shall have the image of the national flag when the anthem is being played and that doors of the halls will remain shut during the anthem so that no disturbance is caused.

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“The directions are issued, for love and respect for the motherland is reflected when one shows respect to the National Anthem as well as to the National Flag. That apart, it would instil the feeling within one, a sense committed patriotism and nationalism,” said the bench, giving 10 days for compliance with its direction.

WATCH VIDEO: Supreme Court Makes Playing National Anthem At Theaters Mandatory

According to the top court, “a time has come, the citizens of the country must realize that they live in a nation and are duty bound to show respect to National Anthem, which is the symbol of the constitutional patriotism and inherent national quality.”

The court order, however, does not entail any penalty or punishment for not standing when the national anthem is played and hence, it remains to be seen how public authorities and those managing private cinema halls would ensure the direction is followed “in letter and spirit.”

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Issuing a string of interim orders on a PIL filed by a retired engineer from Bhopal, Shyam Narayan Chouksey, the apex court further prohibited “commercial exploitation” of the anthem for incurring commercial benefits or using an abridged version of it, while adding the anthem cannot be dramatized and used in variety TV shows.

Also read | Standing up for Anthem: Between choice and convention

“It is because when the National Anthem is sung or played, it is imperative on the part of every one present to show due respect and honour. To think of a dramatized exhibition of the National Anthem is absolutely inconceivable…when the National Anthem is sung, the concept of protocol associated with it has its inherent roots in national identity, national integrity and constitutional patriotism” it held.

Recording a submission by Attorney General Mukul Rohatgi that the national anthem has to be respected, the bench also retrained printing or displaying the national anthem or a part of it on any object and in “such a manner at such places which may be disgraceful to its status and tantamount to disrespect.”

In making this order, the bench referred to Article 51(A) (a) of the Constitution, which states that “it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem”.

Even as this constitutional provision is not enforceable and has to act as a guiding principle, the top court said: “From the aforesaid, it is clear as crystal that it is the sacred obligation of every citizen to abide by the ideals engrafted in the Constitution. And one such ideal is to show respect for the National Anthem and the National Flag.”

WATCH VIDEO: National Anthem Will Be Played Before All Film Screenings In Cinema Halls

The court also underscored: “It does not allow any different notion or the perception of individual rights, that have individually thought of have no space. The idea is constitutionally impermissible.”

While it granted 10 days for states and union territories to give effect to the directions, the bench would take up the petition next in February, 2017.

During the hearing, the bench observed: “Universalism is alright but little still Bharat is the epitome of culture, knowledge… gyaan and vigyaan…people must feel this is my country…who are you? You are an Indian first. In other countries, you respect their restrictions. In India, why can you not have restrictions in larger good.”

Chouksey, in his PIL, had brought before the bench examples to illustrate how provisions of Prevention of Insults to National Honour Act, 1971, were being breached. He cited two incidents from 2015: first when a very short version of the national anthem was played at the swearing-in ceremony of AIADMK chief J Jayalalithaa as chief minister of Tamil Nadu and second when Uttar Pradesh Governor Ram Naik stopped the national anthem midway during an oath-taking function for state ministers.

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Chouksey also attached pictures of paper food plates with the national anthem printed which were strewn on streets after a marriage function. He urged the court to lay down norms regarding playing of the national anthem in cinema halls, entertainment programmes and in official functions.</s>Image copyright AFP Image caption It is compulsory to stand to attention when the anthem is played

India's supreme court has ruled that the national anthem must be played in every cinema before a film is screened.

Judges said the order should be enforced within 10 days and audiences must stand when the anthem is played.

In the 1960s and 1970s, cinemas regularly played the anthem but the practice declined. Opinion on the court move is divided on social media.

There is no uniform law in India regarding the anthem and the 29 states have had their own laws on the issue.

According to the new ruling, the anthem must be played in all cinemas, accompanied by an image of the Indian flag.

"The people should stop following individual notions of freedom and have a sense of committed patriotism," Indian media reports quoted judges as saying.

The hashtag #NationalAnthem was one of the top trends on Twitter India on Wednesday afternoon.

Image copyright @vikixlr8

Image copyright @manakgupta

'Fantastic move?'

Shyam Narayan Chouksey, a 77-year-old resident of Bhopal, had petitioned the court asking for the national anthem order.

"Over the years I've been seeing that the proper respect for the national anthem is not being paid by the common people as well as the constitutional functionaries," he told the BBC Asian Network.

Shaina NC, spokesperson for the ruling BJP party, called the court ruling a "fantastic" move.

The BBC India Facebook page asked its followers for their opinion.

"Why are we moving backwards[?]" asked Krushik AV. "Patriotism is something through education..."

Another follower, Sachin Sudheer, disagreed saying it was a "wonderful feeling to stand up with everyone".

Image copyright AFP Image caption Not all cinema halls play the national anthem in India

Although there is no specific law that mandates standing for the anthem in India, the home ministry's rules, which carry the force of law, specify that it is compulsory to stand to attention when the anthem is played.

And cinemas that play the anthem often display messages asking audiences to stand up.

There is some concern that people could be targeted for not "respecting" the national song:

In October the BBC carried an article by a disabled man who described how he had been assaulted for not standing up for the anthem in a cinema

Last year, a group of people were thrown out of a cinema hall for not standing for the national anthem</s>'When the national anthem is played it has to be played for 52 seconds.'

'It is mandatory. It is in the law.'

'One or two seconds here and there is fine when kids sing. But you cannot deliberately stretch the national anthem by singing in long aalaps.'

IMAGE: Two Supreme Court judges ruled on November 30, 2016 that every cinema hall in the country would play the Jana Gana Mana before every movie screening and that everyone in the theatre would need to stand up when the national anthem is being played.

Photograph published only for representational purposes.

On November 30, Shyam Narayan Chouksey, 77, became known all over India.

Acting on his petition, two Supreme Court judges -- Justices Dipak Misra and Amitava Roy -- passed an interim order stating that the national anthem must be played before any movie screening in theatres across the country.

Chouksey, who runs Rashtrahit Gandhiwadi Manch, a Bhopal-based NGO, tells Rediff.com's Syed Firdaus Ashraf about his mission to inculcate patriotism in all Indians.

In the 1960s the national anthem used to be played in all movie theatres. After that, the practice was discontinued. What was the reason?

In those days, the national anthem used to be played after the movie. People did not have the patience to wait and would walk out of the movie halls.

The Supreme Court's decision states that the national anthem has to be played before the movie begins.

This is the difference from then to now -- it is a practice that is already followed in Maharashtra.

In Maharashtra, then home minister Chhagan Bhujbal made it mandatory for cinema halls to play the national anthem.

Bhujbal has since been arrested on corruption cases and is currently in custody.

A true desh bhakt will not do such acts. Instead, he will sacrifice his life for the country.

Check our borders. Our soldiers get minimum salaries and face Pakistani bullets. They still keep fighting.

This is called desh bhakti. People like Bhujbal are opportunists. There are such people in every field.

When did you feel that the national anthem should be played in cinema theatres?

My father was a freedom fighter. In school, I was a very patriotic student. I always loved our national anthem, song and national symbols.

I retired from central government service in December 2000 and since then I have started raising these questions.

I have filed many cases against people who have shown disrespect to the national anthem and national symbols.

Some cases are going on in Bhopal and other places.

You filed a case against director Karan Johar, alleging he disrespected the national anthem in Kabhi Khushi Kabhie Gham.

The Jaipur high court banned the screening of the film, but Johar approached the Supreme Court and got a stay order.

I had demanded that the national anthem scene should be removed from his film because it was picturised in a very dramatic manner.

The film, however, was running in theatres and therefore that scene could not be taken out. But then the decision was taken that there will be no commercial exploitation of the national anthem in the future.

No one has misused the national anthem after the Jaipur high court decision.

Do you mean that after Kabhi Khushi Kabhi Gham, the national anthem has not been picturised in movies?

After the Jaipur high court ruling against the movie, no filmmaker has picturised the national anthem.

In the movie Mary Kom, the national anthem is played while the credits roll on screen.

Before the credits come on, the audience is asked to stand up for the national anthem. It is announced on screen.

There are other films too, but it is a complete different topic to discuss. Like in Fanaa, there was the national anthem in the beginning, but then they took out the national anthem and put Saare Jahan Se Accha.

There have been cases wherein disabled people have been assaulted because they did not stand up for the national anthem. What do you have to say to them?

This did not happen. People did not stand up for the national anthem and they were thrown out of the movie hall by the public.

For disabled people, who are unable to stand up, they can sit properly and respect the national anthem.

Do you think patriotism of this kind must be imposed through a court order?

Shouldn't such feelings be voluntary?

It must come from within, but it isn't. So what to do?

In countries like Japan, Singapore, or in America, do you see people littering or urinating on the roads?

No. They have been taught since childhood they must not litter.

When they drive, they do not honk unless it's an emergency, unlike our drivers who honk incessantly.

Therefore, Modiji has given the call of 'Swachch Bharat,' so people inculcate these habits.

Therefore, if the court gives an order on the national anthem, then our countrymen will inculcate the habit of respecting the national anthem from childhood.

We will develop that kind of culture.

Why did you choose only movie theatres?

It is not theatres alone, but schools too.

This is an interim order. I had petitioned that every school in India must play the national anthem. That decision is still pending.

In government schools, the national anthem is played daily, but in Christian schools they do not play the national anthem. They play hymns.

I have seen schools in Mumbai play the national anthem. Christian schools too play the national anthem.

It may be possible in Mumbai, but in Madhya Pradesh there are many (Christian) schools where the national anthem is not played.

Playing the national anthem in schools is not mandatory. I have put in my writ petition that schools must play the national anthem. Hopefully, that verdict too comes in our favour.

There were comments on social media that you aren't telling people to play the national anthem at weddings or at clubs, but only targetting movie halls.

Our petition says the national anthem must be played at places where respect to the national anthem is possible.

In weddings, people are dancing, so how can one expect to stand for the national anthem?

During a funeral, when someone has died, people are crying, how can the national anthem be played?

Therefore, I have mentioned the places where the national anthem must be played.

Besides movie theatres and schools, are there any places where you have petitioned that the national anthem must be played?

Any graceful desh bhakt function can begin with the national anthem.

The national anthem cannot be a part of variety entertainment. It can only be played at the beginning or at the end.

Have you thought of joining politics?

No. What has politics got to do with it?

I was in central government service. I am 77 years old and run this NGO, Rashtrahit Gandhiwadi Manch.

What was your reaction when you heard about the Supreme Court decision?

I was in tears, overwhelmed. I knew the decision would be in our favour. However, I never expected the interim order would come so soon.

I filed the petition in the last week of September. Now the Supreme Court has given theatres 10 days to arrange for this facility.

I would also like to add that when the national anthem is played it has to be played for 52 seconds. It is mandatory. It is in the law.

One or two seconds here and there is fine when kids sing. But you cannot deliberately stretch the national anthem by singing in long aalaps.

If you do that, you will be insulting the national anthem.</s>The official duration of the anthem is 52 seconds, though what is usually played in cinema halls exceeds that length. File photo | Photo Credit: G. Ramakrishna

The Supreme Court has ruled that the national anthem should be played before the screening of films in cinema halls, and that all should “stand up in respect.” “...people should feel that they live in a nation and show respect to the national anthem and the national flag,” Justice Dipak Misra said in the ruling.

There have been legal interventions on playing the national anthem in theatres in the past. In 2003, the Maharashtra Assembly passed an order mandating the playing of the national anthem before the start of a movie.

In the 1960s, the national anthem would be played at the end of the film. But as people simply filed out after the movie, this practice was stopped.

The most famous case of punishing someone for not singing the national anthem was that of three children from Kerala. The school students, in Bijoe Emmanuel vs State of Kerala, were expelled for not singing the national anthem, although they remained standing. At the time, the Supreme Court had observed, “There is no provision of law which obliges anyone to sing the National Anthem nor is it disrespectful to the National Anthem if a person who stands up respectfully when the National Anthem is sung does not join the singing.”

Existing laws don’t penalise or force any person to stand up or sing the national anthem. The Prevention of Insults to National Honour Act, 1971 states: “Whoever intentionally prevents the singing of the Jana Gana Mana or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both.”

The official duration of the anthem is 52 seconds, though what is usually played in cinema halls exceeds that length.

A Home Ministry order in 2015 stated, “Whenever the Anthem is sung or played, the audience shall stand to attention. However, when in the course of a newsreel or documentary the Anthem is played as a part of the film, it is not expected of the audience to stand as standing is bound to interrupt the exhibition of the film and would create disorder and confusion rather than add to the dignity of the Anthem.”

And the law until now, specifically says that it has been left “to the good sense of the people” not to indulge in indiscriminate singing or playing of the national anthem. There are even specific rules as to whom the national anthem should be played for (the President and not the Prime Minister), and when people can indulge in mass singing of the anthem.

While the application of the Supreme Court order and the penalties for its violation are not clear, there are definitely precedents for “individually perceived notions of freedom”, which this court order says are overindulged, being upheld over nationalistic causes.</s>The anthem -- "Jana Gana Mana" -- will be accompanied by an image of the Indian flag.

The ruling is in response to a petition filed by Narayan Chouksey, a retired engineer in Bhopal, who asked the court to "specify what would be constituting disrespect and abuse of the national anthem."

Attorneys for Chouksey argued that the anthem was being regularly insulted and called on the court to lay down norms to protect it.</s>The Supreme Court on October 31 asked the government to specify what would constitute disrespect to the national anthem and its abuse. (Photo: Representational Image)

New Delhi: The Supreme Court on Wednesday ordered that the National anthem should be played in all cinema halls before a movie begins, accompanied by the national flag displayed on screen.

It further said that everyone present in cinema hall should rise up and pay respect to the anthem.

Furthermore, the apex court directed that the national anthem must not be printed on any undesirable object, and should not be used for any commercial purposes. Also, no dramatisation of the anthem should be allowed.

The Centre for its part agreed to circulate the order to all States' Chief Secretaries and also to publish it in electronic and print media.

Acting on a PIL seeking directions for playing the national anthem in cinema halls before a movie begins, the Supreme Court on October 31 asked the government to specify what would constitute disrespect to it and its abuse.

A bench of justices Dipak Misra and Amitava Roy passed the order while hearing a petition referring to the provisions of the Prevention of Insults to National Honour Act, 1971 and also alleging that the national anthem was sung in various circumstances which were not permissible.

The PIL filed by Shyam Narayan Chouksey sought directions that the national anthem should be played in cinema halls across the country before a film begins and proper norms and protocol be fixed regarding its playing and singing at official functions and the programmes where constitutional dignitaries are present.

The petition, filed through advocate Abhinav Srivastava, said the national anthem should be respected and due honour should be shown to it by every citizen. It also gave certain suggestions to avoid alleged abuses to it.

"There should be no commercial exploitation to gain financial advantage or any kind of benefit. There should be no interruption in between till the completion of national anthem and no abridged version shall be sung at any point of time.

"There should not be dramatisation of the national anthem and it should not be sung in an entertainment programme," the plea suggested.

It also said the anthem should not be sung before those who do not understand it unless they are properly apprised that when the National Anthem of India is to be played, they are required to show respect.

"It should not be printed on undesirable objects and should not be displayed in such a manner and at such places which may be disgraceful to its status and may tantamount to disrespect," the plea said.

The plea also cited instances where the anthem was allegedly abused, including one in which the anthem was played in entertainment shows in order to "dramatise the whole thing".</s>On November 30, the Supreme Court ruled that all cinemas in the country must play the national anthem prior to the screening of a film, with all doors closed. The order has become a talking point among millions of cinema-goers who visit thousands of theatres that dot India’s landscape where numerous films are screened every day. The Hindu breaks down the verdict and its implications for the benefit of this population that spends money and time at the movies ever so often:

Maharashtra, Chhattisgarh and Goa are among the States that have passed orders to this effect.

The States have done this under the Prevention of Insults to National Honour Act, 1971. The Act got presidential assent on December 23, 1971. It has been amended twice since then.

The Act, which addresses insults to the Constitution, the national flag and the national anthem, has its genesis in Article 51 (a) of the Constitution, which enjoins a duty on every citizen of India to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.

The Act states that whoever intentionally prevents the singing of the national anthem or causes disturbances to any assembly engaged in such singing, shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both.

The objects and reasons for this Act said that cases involving deliberate disrespect to these national symbols were discussed in both Houses of Parliament and members urged the government to prevent the recurrence of such incidents.

Yes, it was a practice to play the national anthem after a film ended. But with people walking out even as the anthem was playing, the practice was discontinued.

In Tamil Nadu for instance, the anthem was played in all theatres until about 30 years ago. Even now a few theatres do. Given that people were not standing in attention as it played, the practice was given up.

A petitioner went to the Madurai Bench of the Madras High Court last year asking for a ban as people were moving about when the anthem is played. The court dismissed the petition.

Yes, those aggrieved can file a modification application to address the omissions and contradictions in the recent Supreme Court Order.

The Cinema Owners Exhibitors’ Association of India can, for instance, plead that the order is in contradiction of an earlier Supreme Court order ordering cinema theatres to keep their doors open, after a fire killed 59 people in Uphaar Theatre in 1997. Organisations of differently abled people can seek exemptions from the order.</s>The Supreme Court on Wednesday ordered all cinema halls across the country to play the national anthem before the screening of films and that all present must "stand up in respect" till the anthem ended. It said the practice would "instill a feeling within one a sense of committed patriotism and nationalism."

Cinema halls should also display the national flag on screen when the anthem is played, it said.

A Bench of Justices Dipak Misra and Amitava Roy said it is time people expressed their "love for the motherland."

"People must feel this is my country. This is my motherland... Arrey, who are you? You are an Indian first. In other countries, you respect their restrictions. In India, you do not want any restrictions?" Justice Misra remarked.

The Bench said it is the duty of every person to show respect when the national anthem is played or recited or sung under the Prevention of Insults to National Honour Act of 1951.

"...people should feel that they live in a nation and show respect to the national anthem and the national flag," Justice Misra said. People should imbibe and express respect to the inherent quality of the anthem and the flag.

The Bench said too much has been indulged in the name of "individually perceived notions of freedom."

The Union government, represented by Attorney General Mukul Rohatgi, said it completely agreed with need for specific guidelines to show respect and honour for the national anthem and the flag.

In its interim order, while awaiting a detailed response from the Centre, the court issued a complete ban on the commercial exploitation of the national anthem and the flag.

The court banned dramatisation of the anthem or it to be used in any part of any variety shows or for entertainment purposes.

"Dramatisation at this point is absolutely inconceivable," Justice Misra, who dictated the order for the Bench, observed.

The court banned the display of the national anthem on any "undesirable or disgraceful places." It said such display "tantamounts to disrespect."

It also banned the display, recitation or use of the abridged version of the national anthem.

Wants 'people to see the order in its letter and spirit'

The Bench said the protocol of showing respect and honour to the anthem and flag is rooted in "our national identity, integrity and constitutional patriotism."

It said that the order should be distributed to Chief Secretaries of States and Union Territories. The order shall be widely published by the electronic and print media so that "people wake up to see the order in its letter and spirit". The order should be implemented within a week hence.

"Universalism is alright but little still Bharat is the epitome of culture, knowledge... Gyaan and Vigyaan," Justice Misra observed.

The Supreme Court was hearing a plea to clarify when the national anthem should be sung.

The PIL was filed by Shyam Narayan Chouskey seeking a set of parameters on what amounts to abuse of the anthem.

The Supreme Court's decision to consider this PIL followed after a wheel chair-bound man was assaulted by a couple at a cinema hall in Panaji for not standing up during the rendition of the anthem.

The petition sought the anthem to be played in cinema halls across the country before screening of films and also issue a protocol for the playing or singing of the anthem at functions where constitutional dignitaries are in attendance.</s>New Delhi: The Supreme Court on Friday refused to entertain a plea of a Bharatiya Janata Party (BJP) leader and lawyer seeking playing of national anthem in all courts before the start of proceedings.

A bench of justices Dipak Misra and Amitava Roy said it is not inclined to entertain the plea of BJP spokesperson Ashwani Kumar Upadhyay after Attorney General Mukul Rohatgi submitted that the petitioner should file a proper application.

"Whether right or wrong, our order should not be overstretched. Bar (referring to Upadhyay) should show some retrain," the bench said.

Earlier in the morning, Upadhyay mentioned the plea before the bench which had on November 30 made it mandatory for cinema halls to play national anthem before screening of a movie and the audience must stand and show respect.

Read: National anthem to be played in all cinemas, everyone must stand up: SC

The bench has then sought AG's assistance to learn his view on the plea of Upadhyay.

In its November 30 order, the apex court had said that "love and respect for the motherland is reflected when one shows respect to the national anthem as well as to the national flag. That apart, it would instill the feeling within one a sense committed patriotism and nationalism."

It had said that when the anthem is played the national flag shall be shown on the screen and the order should be given effect in a week's time.

The bench had also said that prior to the anthem being played or sung in the cinema hall, the entry and exit doors shall remain closed so that no one can create any kind of disturbance which will amount to disrespect to the national anthem and the doors can be opened once it is over.</s>The national anthem must be played before the screening of any movie at public theatres, the Supreme Court ordered on Wednesday.

Additionally, everyone should stand when the anthem is played and the national flag should be shown on screen, the court said.

Acting on a petition that alleged misuse of the anthem, the court also ruled that it should not be commercially exploited or dramatised.

Further, the court also said that as a matter of respect, the national anthem should not be printed or displayed on undesirable objects.

The national anthem is already played before movies in some states -- such as Maharashtra -- but the measure is often controversial, with instances of people beaten up for not standing up for the anthem.

Image used for representational purposes only.
The Indian Supreme Court orders all cinemas must play the national anthem, and the audience must stand during its performance, before a film is screened. Order is effective in 10 days.