Should national anthem be played in cinema hallsIJ Is it proper to play the national anthem during a variety show or dramaIJ Can anybody be permitted to take financial advantage by printing or displaying the national anthem on undesirable objectsIJ All these questions may soon find an answer as the Supreme Court on Friday directed a response from Centre on what constitutes disrespect to the national anthem.

It was a PIl filed by one Shyam Narayan Chouksey that drew the attention of the court to this issue. In his petition, Chouksey pointed out instances, which in his view would amount to causing disrespect to the national anthem. However, in the absence of any guidelines on what is permitted or prohibited with regard to national anthem under the Preventin of Insults to National Honour Act, 1971, the petitioner was forced to approach court.

The 1971 Act prescribes a jail term of three years or fine for any person who “intentionally prevents” or “causes disturbance” in the singing of the national anthem. While the Supreme Court in the past has held that it is not mandatory for a citizen to sing the national anthem, there is no guideline on when and where the national anthem should be played. A Government order issued by Ministry of Home Affairs makes it mandatory for a citizen to stand when the national anthem is played but makes an exception when the same is played during screening of a documentary, newsreel or film.

Issuing notice to the Centre to respond within three weeks, a Bench of Justices Dipak Misra and Amitava Roy said, “Sometimes the national anthem is sung in various circumstances which are not permissible and cannot be legally countenanced, regard being had to the national honour.” For instance, the court selected two instances given in the petition where national anthem was played during an interview to test the behavioural pattern of the candidate. In yet another case, the national anthem was played in a variety show to dramatise the whole thing.

In addition, the petition raised questions whether there was any guideline to ensure the use of national anthem is not abused or misused for commercial exploitation. It further urged the need for a protocol to be put in place for playing the national anthem in an official function, events which are attended by constitutional dignitaries, or in cinema theatres when the national anthem is played in the middle of a movie. The court will hear the matter next on November 30.