An International Film Festival of Kerala that began at Trivandrum on Friday suffered a major jolt from the Supreme Court which asked the organisers to comply with its order of playing the national anthem before screening of a movie. The organisers sought an exemption as the eight-day event is to witness 490 screenings, with an average of 60 films to be screened each day.
Since the event will witness participation of delegates from 62 countries, with 13,000 online global registrations already in place, the organisers had sought recall of the apex court’s November 30 ruling as it felt the repeated rendition of anthem at the event would not be appreciated by the foreign delegates who have to stand every time the anthem gets played.
Making no bones of its displeasure over such a demand put forth by the event organisers, the bench of Justices Dipak Misra and Amitava Roy said, “If we understand the tone and tenor of your petition, do we have to oblige your foreign delegates by recalling our order.”
Senior advocate CU Singh along with PV Dinesh who appeared for the IFFK Society said that the Fundamental Duty to respect the anthem binds citizens and not foreigners. Moreover, the Court order did not contemplate the situation that at an event such as the present one, participating foreign delegates who do not understand a word of the anthem cannot be expected to show respect to the same.
The bench shot back, “Have we directed singing of the national anthemIJ Our direction is that you must stand. In any international event, whenever the anthem of that country is played, the whole audience rises to its feet. Why should our anthem be an exceptionIJ”
The event organisers realised they were running out of luck as even the Attorney General Mukul Rohatgi demanded that the festival must go on as per the court's direction. Rohatgi said, “This foreigner business is guiding this petition for recall. It must either be rejected or let them amend the petition.”
Singh said that the application should not be seen as against the anthem. "If anthem is played, we all must stand. But here the court is directing the manner of showing respect to the anthem which is sought to be given effect to in all cinema halls."
The bench said that it was open to a debate on whether its order ought to be recalled. But at the same time it failed to perceive how its order could affect the right to free speech and expression of citizens. The bench said, "You have put before us a contingency that the anthem will be played at the festival five or six times a day. Why should they (delegates) not stand even if the anthem is played 20 timesIJ"
The Court while posting the application for February 14, 2017, the next date fixed for hearing the issue also used the opportunity to clarify that its order will not bind persons with disabilities who are incapacitated to stand up. It further clarified that its direction to close the entry and exit gates at the time of playing the anthem did not amount to bolting the door and hence was in line with the Uphaar Fire Tragedy case where the apex court forbid bolting of the door during screening of the film. The Court directed Centre to frame guidelines on how persons with disabilities shall conduct themselves in the hall when the anthem is to be played.