Playing of the national anthem and laws
- July 8, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
Playing of the national anthem and laws
Subject : Governance
Concept :
- In a recent incident, an executive magistrate in Srinagar sent 11 men to jail after they were detained for allegedly not rising for the National Anthem at an event.
- The magistrate said that the men had violated the law and could cause public disorder if released.
Sections of the Law
- These are some sections of the law that deal with preventing or arresting people who may cause public disorder or commit crimes.
- They are part of the Code of Criminal Procedure, 1973, which is the main law governing criminal justice in India.
Section 107
- This section empowers an Executive Magistrate to order a person to sign a bond for keeping the peace if the Magistrate thinks that the person is likely to disturb the public peace or can do something wrong that may lead to violence or unrest.
- The bond can be valid for up to one year and can have conditions attached to it, such as not visiting certain places or not associating with certain people.
- Bond is a legal term that means that a person has to appear before the police or the court on a specified date as part of an investigation or a trial.
- The person may have to give a surety or a personal guarantee that they will show up, or else they may face legal consequences. The term is often used in court orders to indicate that an accused person has to follow certain rules or restrictions while they are out on bail or parole.
Section 151
- This section allows a police officer to arrest a person without a warrant or a Magistrate’s order if the officer has reason to believe that the person is planning to commit a cognizable offence, which is an offence that can be investigated and prosecuted without a Magistrate’s permission.
- The officer can arrest the person to prevent the commission of the offence or to secure evidence against the person.
What are the laws related to ‘disrespect’ to the National Anthem?
- Prevention of Insults to National Honour Act, (1971): Section 3 of the Act prescribes jail up to three years and/ or a fine for “intentionally preventing the singing of the National Anthem or causing disturbance to any assembly engaged in such singing”.
- Article 51-A(a) of the Constitution makes it every citizen’s duty to “abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem”.
Bijoe Emmanuel v State of Kerala (1986)
- The law around alleged disrespect to the National Anthem was laid down by the Supreme Court in its 1986 judgment in Bijoe Emmanuel & Ors vs State Of Kerala & Ors.
- The court granted protection to three children (in school), who did not join in the singing of the National Anthem at their school.
- The court held that forcing them to sing the Anthem violated their fundamental right to religion under Article 25 of the Constitution.
- Standing up respectfully when the National Anthem is sung but not singing oneself “does not either prevent the singing of the National Anthem or cause disturbance to an assembly engaged in such singing so as to constitute the offence”.
Shyam Narayan Chouksey vs Union of India (2018)
- The Supreme Court of India had to deal with the issue of playing the National Anthem in cinema halls in the case of Shyam Narayan Chouksey vs Union of India (2018).
- The court had initially passed an interim order in November 2016, which made it mandatory for all cinema halls to play the National Anthem before the start of the movie and for all the audience to stand up as a mark of respect.
- The court had also directed that the doors of the cinema halls should be closed during the playing of the Anthem and that the National Flag should be displayed on the screen.
- However, the court changed its stance in its final verdict in January 2018, the court said that its earlier order was only an interim measure and that playing the National Anthem in cinema halls was not compulsory.