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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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[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]

India News

BJP’s Punjab outreach faces fresh challenge as farmers return to Shambhu border

The BJP’s push to shift Punjab’s political focus towards development has encountered a fresh challenge as farmers resume protests at the Shambhu border over concerns surrounding the proposed India-US trade agreement.

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Prime Minister Narendra Modi’s recent visit to Punjab had signalled what many viewed as a fresh political outreach by the Bharatiya Janata Party (BJP) in a state where it has struggled to recover from the fallout of the 2020-21 farm laws protest. However, the return of farmers to the Shambhu border over concerns surrounding the proposed India-US trade agreement has once again brought agrarian issues to the forefront.

Thousands of farmers gathered at the Punjab-Haryana border, while Haryana Police stopped them from marching towards Delhi. The scenes have drawn comparisons with both the 2020-21 farm laws protest and the farmers’ agitation witnessed in 2024.

BJP’s development narrative faces disruption

During his recent Punjab visit, Prime Minister Modi focused on development, infrastructure and investment, signalling the BJP’s intention to shift political discussions away from the farm laws controversy ahead of the Assembly elections, which are expected in about six months.

His decision to wear a green turban, a colour closely associated with Punjab’s farming community, was widely viewed as a symbolic gesture aimed at reaching out to rural voters.

However, the ongoing protest over the proposed India-US trade agreement has interrupted that narrative, with farmers once again mobilising at the Shambhu border.

Concerns over proposed India-US trade agreement

Farmer organisations have expressed concern that lower import duties under the proposed India-US trade agreement could allow heavily subsidised American agricultural and dairy products to enter the Indian market. They argue this could reduce domestic prices and negatively impact farmers’ incomes.

The groups have also maintained that waiting until the agreement is finalised would leave little opportunity to safeguard farmers’ interests.

Punjab BJP president Kewal Singh Dhillon has appealed to farmers not to draw conclusions before the agreement is finalised. He said no final pact has been signed and asserted there would be “no compromise on the interests of farmers and livestock rearers”. He also said Prime Minister Modi has assured that Punjab’s farmers would not be adversely affected.

Opposition steps up attack

The issue has quickly become a political flashpoint in Punjab.

The Congress has launched a campaign against the proposed trade agreement, alleging it could adversely affect the state’s agriculture and dairy sectors.

The Aam Aadmi Party has described the proposed pact as the “biggest betrayal of farmers” and has demanded that the Centre make the draft agreement public.

The Shiromani Akali Dal has also extended support to the agitation, accusing the Centre of ignoring the concerns of Punjab’s farming community.

Political implications ahead of Punjab polls

The BJP has been attempting to broaden its support beyond its traditional urban voter base by expanding its presence in rural Punjab ahead of the Assembly elections.

Political observers had viewed Prime Minister Modi’s recent visit as the beginning of that outreach. However, the renewed farmers’ mobilisation risks reviving memories of the 2020-21 farm laws agitation, which had significantly affected the BJP’s standing among many farmers in the state.

Unlike the earlier movement, which centred on domestic agricultural reforms, the current agitation focuses on a proposed international trade agreement. If the movement gathers further momentum, it could become India’s first large-scale farmers’ protest against a foreign trade pact, bringing renewed attention to how political parties balance international trade objectives with the interests of domestic agriculture.

With Assembly elections approaching, the renewed agitation has the potential to once again make farmers’ concerns a central issue in Punjab’s political discourse.

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CJP warns of fresh protest if cases against students not withdrawn by Tuesday

The Cockroach Janta Party has threatened to resume protests if cases against students are not withdrawn, alleging the Centre violated assurances made during recent talks.

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The Cockroach Janta Party (CJP) has warned that it will resume protests from Tuesday if the Centre does not withdraw cases filed against demonstrators and stop further police action against students involved in the nationwide agitation.

The Abhijeet Dipke-led movement, which began as a satirical campaign and later evolved into a nationwide protest over alleged examination irregularities, had ended its 37-day sit-in at Delhi’s Jantar Mantar over the weekend following discussions with the government.

According to the organisation, the protest was withdrawn in “good faith” after Education Minister Dharmendra Pradhan resigned, one of the group’s key demands.

CJP alleges breach of assurances

CJP spokesperson Ashutosh Ranka alleged that authorities had failed to honour assurances made during negotiations by continuing police action against protesters.

In a post on X, he claimed that hundreds of students had been arrested in Bihar and West Bengal, while volunteers and protesters in Delhi and other states were facing surveillance and harassment.

Ranka urged senior ministers JP Nadda and Jitendra Singh, who represented the government during the talks, to ensure that all FIRs registered against protesters are withdrawn and that no fresh cases are filed by Delhi Police, central investigative agencies or police forces in BJP-allied states.

He also sought a written copy of the understanding reached during the negotiations regarding legal action against protesters.

Demands raised after talks with Centre

Following the third round of discussions held at the Constitution Club on Saturday, the CJP had said the Centre agreed to provide suitable compensation to the families of NEET aspirants who died by suicide and assured that FIRs lodged against protesters across the country would be withdrawn.

The organisation had submitted a five-point charter of demands to the government and said another round of talks would be held after four weeks.

One of the group’s major demands was the withdrawal of FIRs registered after the July 20 ‘Chalo Sansad’ march and a commitment that no further legal action would be initiated against protesters.

Police action and Parliament debate

Several FIRs were filed following clashes during the July 20 protest near Parliament after demonstrators attempted to march from Jantar Mantar towards Parliament.

Police used tear gas and batons to disperse the crowd, leading to clashes and multiple detentions.

On Monday, the issue echoed in Parliament as Opposition members repeatedly demanded a government response over the police crackdown on protesters.

Meanwhile, despite disruptions in the House, the government introduced a Bill in the Lok Sabha proposing stricter penalties for examination paper leaks.

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India summons Ukrainian envoy after ships with Indian crew attacked in Black Sea

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India has summoned the Ukrainian Ambassador after two merchant vessels carrying Indian crew were attacked in the Black Sea, raising concerns over the safety of Indians working in the conflict zone.

The Ministry of External Affairs (MEA) described the incidents as a matter of serious concerns and conveyed India’s position directly to the Ukrainian envoy.

According to the MEA, the attacks took place amid the ongoing Russia-Ukrainian war, where commercial shipping has increasingly come under threat due to military operations. Although no deaths have been reported, several Indian seafarers were on board the affected vessels, prompting the government to seek immediate clarification from Ukraine and stress the need to ensure their safety.

During the meeting, the MEA reiterated that merchant ships engaged in commercial trade and civilian crew members must not become targets during armed conflict. India urged Ukraine to take all possible steps to prevent such incidents and to uphold international maritime law, which protects civilian shipping operating in international waters.

The ministry said it is in constant contact with Indian missions abroad, shipping companies, and maritime authorities to monitor the condition of Indian crew members. Officials have assured that diplomatic and consular assistance for the crew.

The attack have once again highlighted the dangers faced by thousands of Indian seafarers employed on international cargo vessels operating in conflict-affected regions. The continuing war has disrupted shipping routes in the Black Sea, creating risks for commercial trade and the safety of multinational crews.

The latest diplomatic move reflects India’s consistent position on the Russia-Ukraine conflict. While maintaining relations with both countries, India has repeatedly called for dialogue, a peaceful resolution to the conflict, and the protection of civilians and commercial vessels under international law.

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