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No moral policing on Anthem: Supreme Court

'One need not stand up in cinemas to prove patriotism'

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Indicating that it was considering revisiting its November 30, 2016, order by which the playing of the Anthem was made mandatory for cinema halls before the screening of a movie, the Supreme Court on Monday said it could replace the word "shall" with "may" in its earlier order.

During hearing of a petition filed by the Kodungalloor Film Society, Kerala to recall the November 2016 order, one of the judges on the bench — Justice DY Chandrachud — also remarked that one does not "have to stand up in a cinema hall to be perceived as patriotic."

The court also asked the Centre to consider amending the national flag code for regulating the playing of National Anthem in cinema halls across the country. The bench observed that the issue lies within the domain of the Executive.

While doing so, the bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, also told the Centre not to be influenced by its earlier order on the playing of National Anthem while taking a call on its next step.

The resumed hearing in the matter saw the court making several interesting observations and posers to the Centre on the issue of patriotism, including telling the Centre that the matter lies within the Executive domain. "Why don't you amend the Rules? Why should we take on your burden?" Justice Chandrachud asked Attorney General KK Venugopal.

Earlier, A-G Venugopal told the bench that the idea behind the National Anthem was to unify a nation. It fosters unity, he said, so that "when people come out of the theatre they will believe that we are all Indians." "Its purpose is the loyalty of the population, to neutralise divisiveness, foster unity in diversity. It is the duty of every citizen under Article 51-A (a) to abide by the Constitution, respect its ideals and institutions, the National Flag and the National Anthem," the officer said.

"Why don't you amend the Rules? Why should we (Supreme Court) take on your burden? People go to the cinema for undiluted entertainment. Tomorrow if someone says don't wear shorts and t-shirt to cinema halls because National Anthem is being played, then where do we stop this moral policing? Should we wear our patriotism on our sleeves?"

Social and cultural values are imbibed from parents and teachers, and not what the court enforces through its order, the bench observed.

After an hour-long hearing on this issue, the bench indicated that it was open to modifying the 2016 order.

The apex court had last year ordered that cinema halls across the country should mandatorily play the national anthem before a movie and the audience must stand and show respect, in a bid to "instil committed patriotism and nationalism". The court had also said that "love and respect for the motherland is reflected when one shows respect to the national anthem as well as to the national flag".

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