Film Fest plea: If you have to stand 40 times for anthem, you must, says SC

The bench, however, clarified that the disabled need not stand “but must show such conduct which is commensurate with respect” for the anthem.

Written by Utkarsh Anand | New Delhi | Published:December 10, 2016 3:03 am
national anthem, movie anthem, cinema anthem, stand up, jan gan mann, supreme court, SC anthem, national anthem SC, indian express news, india news It added that the court has not issued any mandamus (judicial writ to perform duties) on the playing of the national anthem. (File Photo)

OBSERVING THAT the national anthem should be a matter of pride for all Indians, the Supreme Court Friday said that playing the anthem before movie screenings shall be compulsory even at film festivals and that all people will have to stand to show
respect.

A bench of Justices Dipak Misra and Amitava Roy observed that the conditions imposed by its order on November 30 cannot be relaxed because some foreigners will be attending movie festivals or multiple movies would be screened.

It, however, clarified that the disabled need not stand “but must show such conduct which is commensurate with respect” for the anthem.

An organiser of an international film festival in Kerala had sought exemption from complying with the November 30 order of the top court, on the grounds that it would cause inconvenience to its 1,500 foreign guests.

“Only because certain foreigners are here and they may have some problems, should we recall our order? Why should we recall our orders only to oblige foreigners? If there are 40 movies running in different shows, you will have to, well, stand 40 times,” said the bench.

It further expressed bewilderment over the clamour against its order, which had said 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”.

“Whether you should respect the national anthem or not, should it be a matter of freedom of expression and freedom of choice? Every country feels proud of its national anthem but if we pass some orders, we don’t understand why there is so much of hue and cry?” observed the court.

It added that the court has not issued any mandamus (judicial writ to perform duties) on the playing of the national anthem. “It is not a mandamus… no state has come before us expressing any difficulty. Let them come here and then we will clarify,” said the bench.

The apex stand also clarified its order for the disabled, following a mention by senior lawyer Sidharth Luthra, who has been appointed as amicus curiae in the matter. Attorney General Mukul Rohatgi said that the central government will issue guidelines within 10 days on “how the physically challenged or physically handicapped persons shall show respect to the national anthem”.

The bench further issued a clarification regarding its directive that the doors of movie halls will remain shut during the anthem so that no disturbance is caused. “When we said that the doors shall be closed, we did not mean that the doors shall be bolted as mentioned in the Uphaar fire tragedy case, but only to regulate ingress and egress during the period while the national anthem is played,” said the court.

Dealing with the 1997-Uphaar fire tragedy case in which 59 lives were lost in a fire inside the Delhi cinema hall, a two-judge bench of the Supreme Court had issued a set of safety guidelines for movie theatres.

One of these stated that “under no circumstances, the entry door (which can act as an emergency exit in the event of fire or other emergency) should be bolted from outside”. This direction was passed after the bench had noted that one of the doors in Uphaar cinema was bolted from outside, which prevented scores of victims from escaping the blaze.

To instill “committed patriotism and nationalism”, the court had last month made the national anthem mandatory in cinema halls while discarding arguments of “any different notion or the perception of individual rights”.

“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 of committed patriotism and nationalism,” the bench had said, giving 10 days for compliance with its direction.

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  1. M
    Muttan
    Dec 11, 2016 at 2:33 am
    People will lose their respect for the anthem if they are forced to respect it.lt;br/gt;The national symbols are for the people, not the other way around.lt;br/gt;I didn't know whether to laugh or cry. I expect more from the Indian Supreme Court. It's not the courts job to do these things.
    Reply
    1. D
      Drew
      Dec 10, 2016 at 3:57 am
      What a stupid order from the Supreme Court.. We should look into how judges are appointed to Supreme Court. Its bizarre that the top court have judges of this qu
      Reply
      1. F
        FFP
        Dec 10, 2016 at 4:31 am
        Can NIMHNS, Bengaluru do a M E N T A L STABILITY TEST ON di MISHRA. He is another LOW LIFE BHAKT. There is every possibility that he too might have gone BONKER LIKE ALL OTHER BHAKTS AFTER THE DISASTROUS DELHI ELECTION RESULTS FOR Brahmin Jokers Party(BJP).
        Reply
        1. B
          Beef.eater
          Dec 10, 2016 at 4:17 am
          So everybody would watch movie in their bed room. DUDstice R E T A R D Dipak MISHRA will send IB SLEUTHS TO SNOOP ON THEM?
          Reply
          1. K
            Kalidas
            Dec 10, 2016 at 8:34 am
            Stupid. National Anthem is generally pla only once a day, usually in the end, not at the beginning of Military or official Government functions or at funerals of leading soldiers in posthumous award ceremony. lt;br/gt; lt;br/gt;Even during Granny Award, Oscar and Miss World or Miss Universe pagent events, it is not pla to my knowledge.lt;br/gt;lt;br/gt;In bilateral political events where leaders of both nations take part, national anthem of both host and guest nation is pla. lt;br/gt;lt;br/gt;In political meets of G7, G20 and in United Nation where over 190 nations are present, they do not play National Anthem of all 190 nations, otherwise all UN meet will begin or end with NA with no transactions made. UN will be dissolved in that case. lt;br/gt;lt;br/gt;I do not remember any Law in India requiring mandatory play of National Anthem. Will any reader or Honorable Supreme Court clarify?
            Reply
            1. A
              Abhilash Nair
              Dec 10, 2016 at 2:52 pm
              Start of each hearing of a case national anthem should be pla and everyone in the court including the judge should stand in respect. Similarly each mp and mla should sing national anthem before speaking. Judiciary is behaving stupidly. We need to stop it. How about providing justice to millions of people?
              Reply
              1. R
                Rex
                Dec 10, 2016 at 4:55 am
                can we scratch ourselves while the anthem is being pla ? lt;br/gt;will that consute disrespect ?
                Reply
                1. A
                  Anil Kalaga
                  Dec 10, 2016 at 3:30 am
                  I think the peioner and his lawyer have to be caned and beaten up! What kind of nonsense peion is this? Why is SC even entertaining this kind of a stupid peion? lt;br/gt;lt;br/gt;If we go to the US, do we not stand when the American Anthem is being pla? Isn't it respecting the host-country's anthem? If we don't stand, will the US Police not throw us out? lt;br/gt;lt;br/gt;We are wasting Supreme Court's time. We should be proud to stand up for our Anthem and let foreigners not come to India if they feel "inconvenienced" during the playing of Indian National Anthem. lt;br/gt;lt;br/gt;I am a Proud Indian. I am Proud of my National Anthem. Period.
                  Reply
                  1. A
                    Arif
                    Dec 10, 2016 at 2:42 am
                    Like it or not.... Beginning of a nanny state. To me this is just a test case to see how the general public reacts.
                    Reply
                    1. A
                      Arun K
                      Dec 9, 2016 at 11:51 pm
                      Most ic Supreme Court judge
                      Reply
                      1. A
                        Arun K
                        Dec 9, 2016 at 11:55 pm
                        Seriously, what is the connection between Cinema halls and National Anthem. This is forcing someone to love you when that love must be organic. lt;br/gt;lt;br/gt;If this is how we measure patriotism, then why not p a law that says that everyone should join the army because fighting for the country is the ultimate sacrifice.lt;br/gt;lt;br/gt;Best way to make the country patriotic is not through such measures but through 'inclusion' of all walks of people in India.
                        Reply
                        1. S
                          sb
                          Dec 13, 2016 at 9:51 pm
                          Rampant misuse, politics, and chaos will result out of this foolish order.
                          Reply
                          1. S
                            sps
                            Dec 10, 2016 at 1:36 am
                            Patriotism comes naturally, can't be instilled with a "danda". The moment you bring in an element of coercion, you are taking away the spirit of the act and converting it into a ritual. This is a clic case where symbolism replaces the real thing. The decision reminded me of a colleague of many years back who with tears in his eyes narrated how proud and patriotic he feels buying plastic tirangas from street children at red light near independence day. It's another matter that in his daily work he was most corrupt and unethical only harming the country and its people.
                            Reply
                            1. S
                              sps
                              Dec 10, 2016 at 6:51 am
                              Fitna ji you are already living in stan mentally.
                              Reply
                              1. D
                                Deen
                                Dec 10, 2016 at 7:09 am
                                Why doesn't the order apply to court room proceedings ? And when will the honourable court find time to give justice to those widows of 1984 riots who saw their husbands killed in front of their eyes but whose testimonies are not accepted as evidence by lower courts?
                                Reply
                                1. c
                                  countk99
                                  Dec 10, 2016 at 2:18 am
                                  Very good decision by SC
                                  Reply
                                  1. D
                                    dawoodhatao
                                    Dec 10, 2016 at 6:34 am
                                    NEWS ALERT : may I know why the hel shahrukh is playing abdul lateef in raees movie who was criminal of gujrat and dawood accomplish. Are indian stupid enough to buy tickets and fill the pockets of dawood ? stan crooks chhota shakeel and dawood has taken millions from indian audience and indian people are so . ....ban this raees movie chhota shakeel has invested in this movie dont be dont watch raees movie
                                    Reply
                                    1. R
                                      Rajiv Dua
                                      Dec 10, 2016 at 2:32 am
                                      Not the first one. There have been many more that were illogical.
                                      Reply
                                      1. A
                                        ah
                                        Dec 10, 2016 at 2:06 am
                                        BTW this reminds me of CHADDIS who licked British shoes and now they claim to be the only TRUE Desh Bhaqt .........LOL
                                        Reply
                                        1. A
                                          ah
                                          Dec 10, 2016 at 2:09 am
                                          NOW Indian will first stand up to NATIONAL Anthem and then watch WESTERN P o r n in cinemas ............... Bhaarat Maata ki .............. he he he he
                                          Reply
                                          1. A
                                            ah
                                            Dec 10, 2016 at 2:04 am
                                            ha ha ha ha ha .... SC is REDEFINING Patriotism, u can Make a Mountain of Black money and when HEAR National Anthem u should stand up to pay respect to Motherland which allowed you to make a Mountain of Black Money and you instantly are PATRIOTIC ....... he he he he ............. is there any Brave Indian Patriot who can play National Anthem in SC every 5 minutes??? I want to check the Patriotism of this same JUDGE .............
                                            Reply
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