Playing national anthem in movie theatres not mandatory, says Supreme Court

Agencies
January 9, 2018

New Delhi, Jan 9: The Supreme Court today made the playing of the national anthem in cinema halls before a screening of movies optional, modifying its earlier order.

The apex court modified its November 30, 2016, order by which it had made the playing of the anthem mandatory in cinema halls before the screening of a film.

A bench headed by Chief Justice Dipak Misra said a 12-member inter-ministerial committee, set up by the Centre, would take a final call on the playing of the national anthem in the cinemas.

The Centre's decision had come after the top court had in October last year observed that the people "cannot be forced to carry patriotism on their sleeves" and it cannot be assumed that if a person does not stand up for the national anthem, he or she is "less patriotic".

Observing that the society did not need "moral policing", the court had then said that next time, "the government will want people to stop wearing T-shirts and shorts to cinemas saying this would disrespect the national anthem."

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said the committee should comprehensively look into all the aspects relating to the playing of national anthem and allowed the petitioners to make representations before the panel.

The bench, while disposing of the petitions pending before it, made it clear that the exemption granted earlier to disabled persons from standing in the cinema halls when the national anthem is being played, shall remain in force till the committee takes a decision.

The top court accepted the government's affidavit which said the 12-member panel has been set up to suggest changes in the 1971 Prevention of Insults to National Honour Act.

Attorney General K K Venugopal told the bench that the committee will submit its report within six months.

The Centre had yesterday told the apex court that an inter-ministerial committee has been set up as extensive consultations were needed for framing of guidelines describing the circumstances and occasions on which the national anthem is to be played or sung and observance of proper decorum on such occasions.

The government had said that the top court may "consider the restoration of status quo ante until then, that is the restoration of the position as it stood before the order passed by this court on November 30, 2016" as it mandated the playing of the anthem in cinemas before a feature film starts.

The inter-ministerial committee headed by Additional Secretary (Border Management), Ministry of Home Affairs, with representatives from various other ministries, including the Ministries of Defence, External Affairs, Culture, Woman and Child Development and Parliamentary Affairs.

It would also have representatives of the Ministries of Information and Broadcasting and Minority Affairs, Department of Legal Affairs, Department of School Education and Literacy and the Department of Empowerment of Persons with Disability, the affidavit filed by Centre said.

The apex court had on October 24 last year observed that people do not need to stand up in the cinema halls to prove their patriotism and had asked the Centre to consider amending the rules for regulating playing of the national anthem in the theatres.

"People go to cinema halls for undiluted entertainment.

Society needs entertainment. We cannot allow you (Centre) to shoot from our shoulders. People do not need to stand up in cinema halls to prove their patriotism," the bench had said.

"Desirability is one thing but making it mandatory is another. Citizens cannot be forced to carry patriotism on their sleeves and courts cannot inculcate patriotism among people through its order," it had said.

The court's strong remarks had come during the hearing on a PIL filed last year by Shyam Narayan Chouksey seeking a direction that the national anthem be played in all cinema halls before the start of the screening of a film.

The apex court had in its November 30, 2016, order 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".

It had also barred printing of the anthem or a part of it on any object and displaying it in such a manner at places which may be "disgraceful to its status and tantamount to disrespect".

Passing a slew of directions, the court had said that fundamental duties in the Constitution "do not allow any different notion or the perception of individual rights that have individual thought, have no space. The idea is constitutionally impermissible".

It had also said proper norms and protocol should be fixed regarding its playing and singing at official functions and programmes where those holding constitutional office are present.

All India Majlis-e-Ittehadul Muslimeen (AIMIM) President Asaduddin Owaisi on Tuesday welcomed the Supreme Court’s decision.

“I totally welcome the order of the Supreme Court. Under the previous order, many people were harassed, especially people from the minority community, who were physically handicapped were targetted by all so-called vigilantes who support the Rashtriya Swayamsevak Sangh (RSS) and the Bharatiya Janata Party (BJP)," he said.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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News Network
November 11,2024

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Mangaluru: In a deeply tragic turn of events, a 28-year-old woman named Ranjitha, who had recently given birth but tragically lost her newborn, ended her life by suicide on Monday. She reportedly leapt from the fourth-floor window of Lady Goschen Hospital’s luggage room.

Ranjitha, whose strength and resilience had carried her through a difficult pregnancy, was scheduled for discharge on Monday. Her journey to Lady Goschen Hospital began on October 24, when she was transferred from Karkala. She was a high-risk patient, battling both hypertension and diabetes. At the time of her admission, she was just 27 weeks pregnant.

Due to the complexities of her health, doctors made the difficult decision to perform an emergency C-section on October 30. She delivered a baby girl, premature and weighing only 960 grams. The newborn was immediately moved to the Neonatal Intensive Care Unit, where doctors did all they could. Despite these efforts, the baby passed away on November 3.

Ranjitha’s sorrow was profound. She stayed under hospital care even after her initial recovery and was preparing to go home on November 9. She had even requested a couple more days at the hospital, seeking time perhaps to cope with her unimaginable grief.

On the day of her discharge, a discharge card ready and her family eagerly waiting to take her home, Ranjitha reportedly made her way to the luggage room in the early hours. There, standing on a cot placed for patients' family members, she climbed to a window and fell from the fourth floor. Despite the attempts of another visitor to intervene, tragedy was inevitable. She was rushed to Government Wenlock Hospital, where doctors confirmed the worst—she was no more.

Dr. Durgaparasad M R, the Medical Superintendent at Lady Goschen Hospital, shared his grief and spoke of the ongoing investigation. A post-mortem is to be conducted, and the local Tahsildar will complete the necessary inquest procedures. Ranjitha’s exact reasons for taking this step are yet to be confirmed, though the weight of her recent losses paints a sorrowful picture.

If you or anyone you know is struggling emotionally, please remember that help is available. Reach out to mental health experts who can provide support and guidance. The toll-free helpline number 9152987821 is available to assist anyone in distress.

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