National Anthem in Public Spaces: Supreme Court’s Ruling in Shyam Narayan Chouksey vs. Union of India

The case of Shyam Narayan Chouksey vs. Union of India is a landmark Supreme Court judgment concerning respect for the National Anthem and the legal framework governing its use in public spaces. The case primarily addressed whether playing the National Anthem before the screening of films in cinema halls should be mandatory or optional.

Background of the Case

The petitioner, Shyam Narayan Chouksey, a public-spirited individual, approached the Supreme Court under Article 32 of the Constitution, seeking a writ of mandamus to direct the government to enforce strict guidelines on the respect for the National Anthem. He contended that:

• The National Anthem must be played in public spaces, particularly in cinema halls, to inculcate patriotism.
• Specific rules should be established regarding how people should behave when the National Anthem is played.
• The government should ensure that the National Anthem is not misused for commercial purposes.
• No individual or entity should display or print the National Anthem on objects or at places that may be considered disrespectful.

Legal Proceedings

Interim Order (30th November 2016)

On 30th November 2016, the Supreme Court passed an interim order directing that:

• All cinema halls in India must play the National Anthem before the start of feature films.
• The audience must stand up to show respect.
• Doors of the cinema hall must remain closed while the National Anthem is played.
• The National Anthem must be played with the National Flag displayed on the screen.
• No shortened or modified version of the National Anthem should be used.

These directions led to widespread public debate, with arguments both in favor and against making the practice mandatory.

Modifications to the Order (9th December 2016)

Following concerns raised by the disabled community, the Court clarified:

• People with physical disabilities were exempt from standing up during the National Anthem.
• The doors of cinema halls should be regulated but not bolted to ensure safety.

Further Clarifications (14th February 2017 & 18th April 2017)

The Court later provided additional clarifications:

• People are not required to stand if the National Anthem is played as part of a film, documentary, or newsreel.
• Further exemptions were granted for individuals with disabilities such as autism, cerebral palsy, multiple disabilities, and Parkinson’s disease.

Arguments by the Parties

Arguments by the Petitioner (Shyam Narayan Chouksey)

• The National Anthem represents the unity and sovereignty of the nation.
• Every citizen has a fundamental duty under Article 51A to respect the National Anthem.
• The Prevention of Insults to National Honour Act, 1971, does not adequately define how respect should be shown to the National Anthem.
• Making the National Anthem mandatory in cinema halls would help instill patriotism.

Arguments by the Union of India

• The government acknowledged the importance of respect for the National Anthem but suggested a more flexible approach.
• It informed the Court that an Inter-Ministerial Committee had been formed to frame appropriate rules regarding the National Anthem.
• The Attorney General suggested that the Court modify its order to make playing the National Anthem optional rather than mandatory.

Supreme Court’s Observations

On National Respect

• “One is compelled to show respect whenever and wherever the National Anthem is played. It is the elan vital of the Nation and the fundamental grammar of belonging to a nation-state.”
• “However, the prescription of the place or occasion has to be made by the executive keeping in view the concept of fundamental duties provided under the Constitution and the law.”

On the Role of the Government

• “The Central Government should take a call in this regard and, if necessary, as advised, may bring out the requisite notification or circular or rules.”

On Mandatory Playing of the National Anthem

• “The playing of the National Anthem in cinema halls on the screen may not be made mandatory and the word ‘shall’ may be substituted with ‘may’ until a final decision is taken by the Committee and, thereafter, by the Central Government.”

Supreme Court’s Final Judgment

On 9th January 2018, the Supreme Court issued its final judgment, modifying the previous order. The key directives included:

• The playing of the National Anthem in cinema halls is optional and no longer mandatory.
• The Inter-Ministerial Committee was tasked with making final recommendations.
• Citizens remain bound to show respect whenever the National Anthem is played in accordance with existing laws.
• The exemptions for disabled persons will remain in force.

Legal Significance of the Judgment

This ruling has several important implications:

• Judicial Restraint: The Supreme Court left the final decision to the government rather than imposing blanket directives.
• Balancing Patriotism and Choice: The ruling ensures that respect for the National Anthem is maintained while avoiding unnecessary compulsion.
• Recognition of Disability Rights: The Court acknowledged the need for reasonable accommodations for people with disabilities.
• Policy-Making Role of the Government: The decision reaffirmed that matters of national policy should be handled by the executive, not the judiciary.

Conclusion

The Supreme Court’s ruling in Shyam Narayan Chouksey vs. Union of India clarifies the legal framework surrounding the National Anthem in public spaces. By making the playing of the National Anthem in cinema halls optional, the judgment strikes a balance between patriotic duty and personal freedom. The ruling reinforces the principle that respect for national symbols should be upheld, but in a manner that is practical, inclusive, and legally sound.

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Download Judgment: Shyam Narayan Chouks vs Union of India & Oth Supreme Court of India Judgment Dated 09-01-2018.pdf

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