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SC Says National Anthem In Cinema Halls Not Mandatory, Asks Centre To Form Panel To Arrive At Decision

Swarajya Staff

Jan 09, 2018, 02:38 PM | Updated 02:38 PM IST


Audience standing for a national anthem in a theatre (Hindustan Times via Getty Images)
Audience standing for a national anthem in a theatre (Hindustan Times via Getty Images)

The Supreme Court has made the playing of the national anthem in cinema halls prior to the screening of movies optional.

The apex court modified its order from November 2016 which made playing of the anthem mandatory in cinema halls before a film was screened.

A bench headed by Chief Justice of India Dipak Misra said a 12 member inter-ministerial committee set up by the Centre, would take a final call on the playing of national anthem in the cinemas.

The bench, which also comprised of Justices A M Khanwilkar and D Y Chandrachud, said the committee should comprehensively look into all the aspects relating to the playing of national anthem and allowed the petitioners to make representations before the panel.

The bench, while disposing of the petitions pending before it, made it clear that the exemption granted earlier to disabled persons from standing in the cinema halls when the national anthem is being played, shall will remain in force till the committee takes a decision.

The top court accepted the government's affidavit which said that the 12 member panel has been set up to suggest changes in the Prevention of Insults to National Honour Act.

Attorney General K K Venugopal told the bench that the committee will submit its report within six months.

When Chief Justice Misra was a judge in the Madhya Pradesh High Court in 2003, he made an interesting observation on the national anthem:

National Anthem is to be sung with magna cum laude and nobody can ostracise the concept of summa cum laude. […] The national anthem is pivotal and centripodal to the basic conception of sovereignty and integrity of India. It is the marrow of nationalism, hypostasis of patriotism, nucleus of national heritage, substratum of culture and epitome of national honour.
Dipak Misra, judge of the Madhya Pradesh High Court in 2003

Also Read: Nine Extracts From Court Judgements That Will Make You Scratch Your Head


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