Summary
Disposing of the National Anthem petition, the Court modified its 2016 interim direction to make playing the Anthem before feature films in cinemas optional. It left comprehensive regulation to the inter-ministerial committee and competent authority, preserved applicable respect requirements and continued disability exemptions pending the competent authority’s decision.
Issues
- Whether mandatory pre-film playing of the National Anthem should continue pending executive consideration and how respect requirements and disability exemptions should operate.
Provisions considered
- Section 3, Prevention of Insults to National Honour Act, 1971The Court noted the penal prohibition on intentionally preventing the singing of the Anthem or disturbing an assembly engaged in it. (¶ 23–24)
Held
- Respect for the Anthem is required, but prescribing places and occasions for its playing belongs to the executive acting within the Constitution and law. (¶ 30)
- The 30 November 2016 order was modified so that playing the Anthem before feature films in cinemas became optional or directory. (¶¶ 32, 33(ii))
- The committee was to submit recommendations under the 5 December 2017 notification. Both committee and competent authority were to act without constraint or influence from the Court’s interim directions. (¶¶ 31–33(i), 33(iii))
- Respect obligations under executive orders and prevailing law continued for specified occasions; existing exemptions for disabled persons remained until the competent authority’s final decision for each occasion. (¶ 33(iv)–(v))
Result
Writ petition disposed of without costs, with optional cinema playing, committee follow-up, continued respect requirements and preservation of disability exemptions.