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Playing national anthem in cinema halls optional, says Supreme Court

Exemption granted earlier to disabled persons from standing in the cinema halls when the national anthem is being played shall remain in force

Press Trust of India  |  New Delhi 

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The on Monday made the playing of anthem in before screening of movies optional, modifying its earlier order. .

The apex modified its November 30, 2016 order by which it had made the playing of the anthem mandatory in before the screening of a film. A Bench headed by said a 12-member inter-ministerial committee, set up by the Centre, would take a final call on the the issue.
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The Centre's decision had come after the top 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 anthem, he or she is "less patriotic".
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The 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 anthem."
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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 anthem and allowed the petitioners to make representations before the panel.
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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 when the anthem is being played, shall remain in force till the committee takes a decision.
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The top 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 Honour Act.
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K K told the bench that the committee will submit its report within six months.
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The Centre had yesterday told the apex 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 anthem is to be played or sung and observance of proper decorum on such occassions.
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The government had said that the top may "consider the restoration of status quo ante until then, that is restoration of the position as it stood before the order passed by this on November 30, 2016" as it mandated the playing of the anthem in cinemas before a feature film starts.
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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.
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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.
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The apex had on October 24 last year observed that people do not need to stand up in the to prove their patriotism and had asked the Centre to consider amending the rules for regulating playing of the anthem in the
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"People go to for undiluted entertainment.
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Society needs entertainment. We cannot allow you (Centre) to shoot from our shoulders. People do not need to stand up in to prove their patriotism," the bench had said.
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"Desireability 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.
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The court's strong remarks had came during the hearing on a PIL filed last year by Shyam seeking a direction that the anthem be played in all before the start of screening of a film.
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The apex had in its November 30, 2016, order said that "love and respect for the motherland is reflected when one shows respect to the anthem as well as to the flag".
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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".
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Passing a slew of directions, the 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".
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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.
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First Published: Wed, January 10 2018. 00:49 IST
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