English हिन्दी
Connect with us

India News

You don’t have to stand up at a cinema hall to prove patriotism, says Justice Chandrachud

Published

7 years ago

on

national anthem

[vc_row][vc_column][vc_column_text]The Supreme Court on Monday agreed to consider a plea to modify its order that made the playing of the national anthem in cinema halls mandatory, even as the Centre opposed the move.

The apex court asked the Centre to take a call on the issue and consider amending the national flag code to regulate the matter, and frame rules by January 9.

The hearing of the case saw Justice Chandrachud making some interesting remarks on the issue after Attorney General for India KK Venugopal argued for playing of the National Anthem in cinema halls on the ground that it fosters national unity in a vast and diverse country like India, and is supported by Article 51A of the Constitution.

A Supreme Court Bench headed by Justice Dipak Misra, now the Chief Justice of India, had on November 30, 2016 passed an order making it mandatory to play the National Anthem before every show in cinema halls and for cinema-goers to stand up while it was played. Justice Misra had reasoned that the practice would “instil a feeling of committed patriotism and nationalism”. The Bench had described the playing of the anthem in cinema halls as an opportunity for the public to express their “love for the motherland”.

On Monday, Justice DY Chandrachud questioned the rationale, saying there is no need for an Indian to “wear his patriotism on his sleeve”. Justice Chandrachud was part of a three-judge Bench led by Chief Justice of India Dipak Misra hearing a petition filed by Kodungalloor Film Society in Kerala to recall the November order.

“Next thing will be that people should not wear T-shirts and shorts to movies because it will amount to disrespect to the National Anthem… where do we stop this moral policing?” Justice Chandrachud said.

Media reports said that Justice Chandrachud referred to the Flag Code to observe that “there is no mandate that people should stand up when the National Anthem is sung in a cinema hall. This is obviously because a cinema hall is a place for entertainment… People go to cinema halls for undiluted entertainment. Why should we make choices for them? Why should we assume that if someone doesn’t stand up for anthem in the cinema hall, he is not patriotic?”

“You don’t have to stand up at a cinema hall to be perceived as patriotic,” Justice Chandrachud said.

At one point, Justice AM Khanwilkar reacted to lawyers’ submissions that the National Anthem is played in cinema halls in States like Maharashtra and Chhattisgarh, saying if it is good for Maharashtra, it may be good for other States.

Justice Chandrachud, however, took a leaf from his childhood, remarking that he had witnessed people leaving the cinema hall when the Anthem is played after the show. “Maybe that was why it was stopped… because of the disrespect,” Justice Chandrachud said.

The judge was responding to submissions by Attorney General KK Venugopal, for the Centre, in support of the November 30, 2016 order. Venugopal submitted that playing the National Anthem in cinema halls and standing up as a mark of respect for it fosters a sense of unity in a country diverse in caste, religion and regions. The AG submitted that playing the Anthem would be a “unifying force” so that “when people come out of the theatre they will believe that we are all Indians”.

“Its purpose is the loyalty of the population, to neutralise divisiveness, foster unity in diversity. It is the duty of every citizen under Article 51-A (a) to abide by the Constitution, respect its ideals and institutions, the National Flag and the National Anthem,” Venugopal submitted.

Justice Chandrachud disagreed. He said Article 51A is very broad and also makes it the fundamental duty of citizens to “develop scientific temper, humanism, spirit of inquiry”, etc. “Are we [Supreme Court] supposed to enforce all this? As the government, you have the power. You take the call. Why should we take your burden?” said Justice Chandrachud.

“If the court is supposed to enforce respect for the National Anthem on citizens, it should also enforce the other fundamental duties in Article 51A? You know what is good for the goose is also good for the gander, right?” Justice Chandrachud asked Venugopal.

When one of the lawyers said some missionary schools refused to play the National Anthem, Justice Chandrachud, who authored the majority verdict declaring privacy as a fundamental right, retorted: “I studied in a missionary school. We sang both the National Anthem and ‘Our Father’. For us both were equally important.”

Justice Chandrachud said cultural and social values are imbibed from parents and teachers and not what courts enforce through its orders.

The judge indicated that it was for the government to take the call on whether it wants the Flag Code to be amended to make it mandatory for cinema halls to play the anthem.

Towards the end of the hour-long hearing, Chief Justice Misra suggested a change in the language of the November 2016 order, which had the effect of making the playing the anthem optional, The Hindu reported.

However, Venugopal said the government would take a call. Finally, the court left it to the discretion of the government to bring out any notification, if necessary, to take a call to make or not make the playing of the National Anthem mandatory in cinema halls, uninfluenced by the Court’s earlier order.

The case was posted for hearing on January 9, 2018.[/vc_column_text][/vc_column][/vc_row]

Related Topics:
Continue Reading

2024 Lok Sabha Elections

Former Delhi Congress chief Arvinder Singh Lovely joins BJP

Arvinder Singh Lovely said they have been given an opportunity to fight for the people of Delhi under the banner of BJP and under the leadership of the Prime Minister.

Published

10 hours ago

on

May 4, 2024

By

Days after resigning from the post of the Delhi Congress president in protest against the party’s alliance with INDIA bloc partner AAP and over selection of party candidates, Arvinder Singh Lovely joined BJP on Saturday. Lovely joined BJP in the presence of Union Minister Hardeep Singh Puri, Delhi BJP chief Virendra Sachdeva and the BJP’s national general secretary Vinod Tawde.

He, along with 4 former Congress leaders, joined the BJP in the presence of Union minister Hardeep Singh Puri. The 4 others who joined the party include former Congress MLAs who had recently left the party — Neeraj Basoya, Rajkumar Chauhan, Delhi youth Congress chief Amit Malik and Naseeb Singh.

Speaking to the media after joining the BJP, Arvinder Singh Lovely said, they have been given an opportunity to fight for the people of Delhi under the banner of BJP and under the leadership of the Prime Minister. He had full hope, and there is no doubt about it, that the BJP government is being formed in the country with an overwhelming majority. Lovely added that in the coming days, the flag of the BJP will fly in Delhi too.

Lovely’s resignation on April 28 was a setback to Delhi Congress in terms of optics and perception. Coming 4 days after former Delhi minister Rajkumar Chauhan quit the party, the resignation of Lovely, who has been heading the Delhi unit since August last year, has been a blow to the Congress’s preparations for the May 25 elections in Delhi.

After the announcement of the resignation, AAP minister Saurabh Bharadwaj took to his X handle to allude to the links between Lovely and BJP. It is the 2nd time that Arvinder Singh Lovely has stepped down as the Delhi Congress president. Lovely’s resignation came a day after more than a 1000 members of the Sikh community, including office-bearers of the Delhi Sikh Gurudwara Prabandhak Committee, joined the BJP in the presence of its national president J P Nadda.

Continue Reading

2024 Lok Sabha Elections

Priyanka Gandhi calls PM Modi a shahenshah who lives in castles and can never understand the plight of the common man

Priyanka Gandhi said on the other side is the shehanshah, Narendra Modi, who lives in a palace. She asked the people if they have watched him on television?  She said not a single speck of dust is visible on his face. She asked how can PM Modi understand their problems?

Published

11 hours ago

on

May 4, 2024

By

Congress leader Priyanka Gandhi took a dig at Prime Minister Narendra Modi for calling her brother and Congress leader Rahul Gandhi a shehzaada. She was speaking at an election rally in Gujarat on Saturday where she called PM Modi a shehanshah.

She said BJP calls her brother Shehzada. She wanted to tell BJP how this shehzada walked 4,000 km from Kanyakumari to Kashmir to listen to people’s problems. The Congress leader added that Rahul Gandhi met  sisters, brothers, farmers and labourers and asked them what problems they were having. Priyanka Gandhi was speaking at a rally in Banaskantha in Gujarat.

Priyanka Gandhi said on the other side is the shehanshah, Narendra Modi, who lives in a palace. She asked the people if they have watched him on television?  She said not a single speck of dust is visible on his face. She asked how can PM Modi understand their problems?

Priyanka Gandhi attacked Prime Minister Narendra Modi when he repeatedly called Rahul Gandhi a shehzada of shahi parivar. He was addressing a rally in Gujarat on Thursday where PM Modi had targeted Congress leader Rahul Gandhi and said Pakistan is eager to make the shehzada of the grand old party India’s next Prime Minister as the country’s enemies want a weak government at the centre.

Priyanka Gandhi further attacked PM Modi and said Gujarat gave PM Modi respect and self-respect and gave him power, but he is seen only with big people. She asked if anyone had seen PM Modi meeting a farmer?

 She further pointed out that farmers are protesting against the black laws. She said hundreds of farmers are martyred, but the Prime Minister does not even bother to go and meet them. She said just before the elections come and they feel that they will not get votes, then PM Modi changes the law.

Continue Reading

India News

Rahul Gandhi writes to Karnataka CM over Prajwal Revanna sex scandal, urges him to provide utmost assistance to the victims

Gandhi requested Siddaramaiah to kindly extend all possible support to the victims. He wrote that everyone has a collective duty to ensure that all parties responsible for these heinous crimes are brought to book.

Published

13 hours ago

on

May 4, 2024

By

Congress leader Rahul Gandhi on Saturday wrote to Karnataka CM Siddaramaiah regarding JD(S) leader Prajwal Revanna sex scandal. In his letter, Gandhi condemned the actions of Revanna and requested the Karnataka Chief Minister to extend all possible support to the sexually harassed women.

Gandhi requested Siddaramaiah to kindly extend all possible support to the victims. He wrote that everyone has a collective duty to ensure that all parties responsible for these heinous crimes are brought to book. The Wayanad MP further added that many who looked up to him as a brother and son have been brutalised in the most violent manner and they have been robbed of their dignity. He said the rape of our mothers and sisters warrants the strictest possible punishment.

Rahul Gandhi was shocked to know that Prime Minister Narendra Modi had been campaigning for the Hassan MP inspite of the fact the gruesome allegations had been brought to the notice of Union Home Minister Amit Shah in December 2023.

The Congress leader mentioned in his letter that he is deeply shocked to learn that as far back as December 2023, India’s Home Minister Amit Shah had been informed by G Devaraje Gowda about Prajwal Revanna’s antecedants and his history of sexual violence and the presence of sex videos filmed by him.

Gandhi wrote in his letter to Siddaramaiah that what is even more shocking is that despite these gruesome allegations being brought to the notice of the senior-most BJP leadership, the Prime Minister campaigned and canvassed for a mass rapist.

 The Wayanad MP took a veiled attack on PM Modi and said he has never come across a senior public representative who has constantly chosen silence in the face of untold violence against women. Gandhi further pointed out that from the female wrestlers in Haryana to sisters in Manipur, Indian women are bearing the brunt of the Prime Minister’s tacit support for such criminals.

Continue Reading

Trending

-->

© Copyright 2022 APNLIVE.com