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Respecting National Anthem non-negotiable, Centre tells Supreme Court

The apex court, however, allowed the petitioner to modify his plea demanding provisions to penalise those who disrespect the national anthem. The apex court, in its modified order, exempted differently-abled persons from standing when the National Anthem is played.

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The Union government on Tuesday told the Supreme Court that respecting the national anthem was non-negotiable and it was unfortunate that a section of the society was opposing this. Centre's observation came when the Supreme Court (SC) was hearing a batch of petitions pertaining to imposing penalty for disrespecting the national anthem and another seeking the mandatory singing of Vande Mataram, the national song, in schools.

The apex court, however, allowed the petitioner to modify his plea demanding provisions to penalise those who disrespect the national anthem. The apex court, in its modified order, exempted differently-abled persons from standing when the National Anthem is played.

"Persons who are wheelchair users, those with autism, persons suffering from cerebral palsy, multiple disabilities, Parkinson's, multiple sclerosis, leprosy cured, muscular dystrophy and deaf and blind be treated not to be within the ambit of the orders passed by this Court," the bench led by Justice Dipak Misra said.

Taking a U-turn on its February order, the SC also issued a notice to the Centre on the plea seeking direction to give equal respect to the national song as given to the national anthem and observed there was no concept of a national song under the law.

The bench, also comprising of Justices AM Khanwilkar and M Shantanagouder, directed the Centre to respond on this issue within four weeks. The court will now hear the matter on August 23.

Senior SC lawyer Ashwini Upadhyay had earlier filed a plea in the apex court that sought directions to frame a national policy to promote and propagate the national anthem, national song and national flag in the spirit of Article 51A.

In its November 2016 judgment, the SC had ordered cinema halls across the country to mandatorily play the national anthem and directed all those present to stand up in respect. The judgment was later modified to exempt those with physical disabilities. In February 2017, the court further modified the order wherein, if the national anthem was played as part of a newsreel, documentary or was part of the film script, then the audience need not stand.

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