National Anthem must in cinemas - Doors to be shut whileit plays, says SC

TT, New Delhi, Nov. 30: The Supreme Court today directed all cinemas across the country to play the national anthem before the start of a feature film and laid down that everyone in the audience was obliged to stand up to show respect to it.

Issuing a slew of directions for according due respect to the anthem, the court said the order would come into force "within a period of 10 days". It said entry and exit doors should remain closed while the anthem played and banned its commercial exploitation as well as "dramatisation".

The court passed the directions on a PIL filed by a retired army officer, Shyam Narayan Chowskey. The petition sought appropriate directions to the authorities to ensure that due respect was given to the national anthem and that it was played before the start of feature films in cinemas.

"The directions are issued for love and respect for the motherland, (which) 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," a bench of Justice Dipak Misra and Justice Amitav Roy said in an interim order, citing Article 51(A) of the Constitution.

Writing the order, Justice Misra - he is to take over as Chief Justice of India on August 28, 2017 - referred to clause (a) of Article 51(A), which confers a fundamental duty on every citizen to abide by the Constitution and show respect for the national flag and national anthem.

It reads as follows: "51A. Fundamental duties - It shall be the duty of every citizen of India - (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem."

The apex court said: "From the aforesaid (Article 51A), 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.

"Be it stated, a time has come, the citizens of the country must realise 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.

"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."

The petitioner also complained that the anthem was commercially exploited by some people, so appropriate guidelines should be issued for ensuring due respect to it.

Attorney general Mukul Rohatgi told the court that the Centre agreed with the petitioner's averment.

Rohatgi said the Centre would circulate today's order to chief secretaries of all states and Union territories. It would also be publicised through the media.

The matter will be heard next on February 14, 2017.