In a major departure from its order mandating cinema halls to play the national anthem before screening of any movie, the Supreme Court on Monday said such a direction, if at all, has to come from the Government. The SC also said the courts, at best, can only make it optional, leaving it to the choice of citizens.
The Bench headed by Chief Justice Dipak Misra, was initially inclined to modify its November 30, 2016, order replacing the word “shall” with “may”. On this, the court wished to know the stand of the Centre on this issue. Attorney General KK Venugopal resisted any modification as in his opinion the direction of the court was a “unifying” factor in a country with vast diversity of religion, culture, language, region, and this fostered a sense of respect for national anthem as envisaged under Article 51A of Constitution in the minds of citizens who come out of cinema theatres.
The Bench, also comprising Justices AM Khanwilkar and DY Chandrachud, failed to appreciate Centre’s submission. It said, “As the Central Government, you have vast powers to amend the Flag Code, which has no bar on defining the places where national anthem must be sung.”
It pointed out to two State legislations passed
by Maharashtra and Chhattisgarh, prior to apex court’s order, which provides for national anthem to be played in cinema halls.
“What stops you from exercising your power. Why do you have to throw the burden on the courtIJ If we make national anthem mandatory in cinema halls, next step will be that somebody can say should people be wearing shorts while national anthem is sung. Where then can we draw the line on moral policing,” said Justice Chandrachud, who was most vocal in demanding Government to respond.
Justifying its U-turn on the issue, the Bench said, “People go to movie halls for undiluted entertainment. Society needs that entertainment. As courts, why should we assume that if someone says I do not want to sing the anthem or stand up, I am not patriotic, or much worse that I am targeted for being an anti-national.”
The SC also reiterated that Article 51A was a fundamental duty that is unenforceable.
“We have patriotic values taught by our teachers in schools we were not mandated by courts to do that,” said the Bench.
Referring to A-G’s argument that anthem unites all people of a nation, the Bench replied, “Nobody can challenge the desirability of unifying the nation but why should courts do that job. People will ask why only cinema halls, why not mandate it for drama theatres, cricket stadium, etc. We cannot decide this but you (Centre) can amend and make it happen. In our opinion, it is appropriate that Centre takes a call in this mater, and if necessary, as advised, it may think of issuing a notification or circular or Rules by using its discretion without being influenced by our November 30 order.” The matter will be next heard on January 9.
