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

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7 years ago

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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]

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

Published

18 hours ago

on

December 25, 2024

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Published

18 hours ago

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December 25, 2024

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

Published

19 hours ago

on

December 25, 2024

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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