oppn parties National Anthem: Supreme Court Must Review its Order

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
oppn parties
National Anthem: Supreme Court Must Review its Order

By Sunil Garodia
First publised on 2016-12-02 16:50:24

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack
Playing the national anthem before the start of a movie, with the national flag fluttering on the screen is nothing new. I remember it was done mandatorily in all movie halls when we were kids. The practice started in 1962, after the war with China, and was discontinued in 1975 when it was found that instead of inculcating a spirit of nationalism, it was leading to people showing disrespect to both the national flag and the anthem. Hence, the recent Supreme Court order once again making it mandatory for cinema halls to play the anthem in tandem with showing the national flag on the screen is improper and a case of judicial overreach for two simple reasons. First, the court has ordered this to inculcate a spirit of nationalism in the citizens but past experience shows that it leads to instances of disrespect and might even sprout vigilantism. In any case, it is extremely difficult to police such an order. Secondly, there is no law that mandates this. The court has imposed a self-made law, which is beyond its jurisdiction.

Respect for the national flag, the national anthem and other national symbols cannot be imposed by such decrees. It is a feeling of pride and honour that the citizens must have in their hearts. Only then will they rise and maybe hold a hand to their heart when the anthem is being played. To make something a compulsion is the first step towards making it lose its relevance in peoples’ life. They then start treating it in a matter of fact manner and after an initial period of compliance, things begin to drift. This is what happened in the period 1970 to 1975, after which the government was forced to withdraw the order. This time around too, after the initial euphoria and a burst of nationalism, people will start ignoring the order to rise and pay respect, leading to ugly fights inside movie halls. It happened sometime back in Mumbai (the anthem is played before movie screenings in Maharashtra) where a family was targeted by vigilantes for not standing up when the anthem was playing. Cinema hall staff is least equipped to enforce the order. They can just play the anthem but cannot ensure that all cine-goers will rise and pay respect. Obviously, you cannot have lathi wielding policemen inside cinema halls asking every person to rise. Hence, the order is not likely to achieve the objective for which it has been made.

Then there is the question of knowing where to draw the line. Immediately after the order, a plea to play the national anthem in courts was dismissed by the apex court which said that its order “should not be stretched.” Now the question arises that why the anthem should not be played before starting the court proceedings? After all, the courts and the legal fraternity are the keepers of the legal conscience of the nation, which by extension means showing respect for the Constitution and the national symbols. If the national anthem is to be mandatorily played anywhere, the courts and the legislatures should top the list. Hence, why does the court think that asking for the same is “stretching” its order? It is a very reasonable plea that should be looked into seriously by the court. If you get the drift of my argument, you will come to realize that there is going to be no end to such demands. Soon, people will start petitioning the court for a similar order before the start of each sporting event or plays in theatres or even the Ganga aarti at Varanasi. This is a very convoluted view of imposing nationalist feeling among the citizenry and the court should review its order.