Susheel Kumar Garg, Indore Institute of Law, DAVV University, Indore//
ON 30TH November 2016, Supreme Court gave the orders that you will have to play the National Anthem prior to each movie. The orders are given by the bench of Justice Deepak Mishra assisted by the Amitava Roy. The orders are given in the Public Interest Litigation filed by the Shyam Narayan Chouksey, a resident of Bhopal, Madhya Pradesh.
In the year 2002, when Shyam Narayan Chouksey had been watching the movie, Kabhi Khushi Kabhi Gham, suddenly stands because of the National Anthem starts, and then the people nearby him, insulted him. This incident made him so angry to file such Public Interest Litigation.
These are the guidelines prescribed by the Supreme Court:-
- It is mandatory to play National Anthem prior to the film.
- You should sand for the respect of National Anthem.
- The gates should be locked.
- Duration of national anthem is 52 seconds, not less not more than that.
- There shall not be dramatization of National Anthem.
- There shall be no commercial exploitation to give financial advantage or benefit.
- No necessary for mandatory persons.
Justice Mishra get these points from the provisions of constitution under part lVA which talks about the Fundamental Duties as- Article 51A(a) said- it shall be the duty of every citizen of India “ to abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem”.
The best thing regarding to this order is that it will implemented in country within 10 days.
In the year 1962 and in 1965 too, the Supreme Court gave such orders, but due to the misconduct of people towards the National Anthem, Supreme Court take backs its order.
Provision regarding to national anthem in Indian laws are given in protection of insults to national anthem act, 1971, in which section 3 says that whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment which may extend to three years or fine or both.
The court has gave the verdict that the time has come to understand that every Indian should stand in respect of National Anthem.