Don't need to stand up in movie halls to prove patriotism: Supreme Court

People do not need to stand up in the cinema halls to prove their patriotism the Supreme Court said on Monday and asked the Centre to consider amending the rules for regulating playing of the national anthem in the theatresThe top court also observed that it cannot be assumed that if a person does not stand up for the national anthem then he is less patriotic and the people cannot be forced to carry patriotism on their sleevesObserving that the society did not need moral policing a bench of Chief Justice Dipak Misra said the next time the government will want people to stop wearing Tshirts and shorts to cinemas saying this would disrespect the national anthemIt said it will not allow the government to shoot from its shoulder and asked it to take a call either way on the issue of regulating the playing the anthemThe bench also indicated that it may modify its order of November 30 rpt November 30 2016 by which the playing of the anthem was made mandatory in the movie halls before the screening of a film and may replace the word shall with mayPeople 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 also comprising Justices A M Khanwilkar and D Y Chandrachud saidDesireability 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 the bench saidThe courts strong remarks came during the hearing on a PIL filed last year by one Shyam Narayan Chouksey seeking directions that the national anthem should be played in all the cinema halls before a film beginsIn contrast to these remarks a bench headed by Justice Misra had ordered the theatres across the country in November rpt November last year to mandatorily play the national anthem before a movie and the audience must stand and show respect in a bid to instil committed patriotism and nationalismDuring todays hearing on the PIL Attorney General K K Venugopal appearing for the Centre said India was a diverse country and the national anthem needed to be played in the cinema halls to bring in uniformity He said it should be left open to the government to take a call on its own discretion on whether the anthem should be played in theatres and whether people should stand up for itWhat is stopping you from amending the Flag Code You can amend it and say where to play national anthem and where it cant be done Nowadays anthem is played during matches tournaments and even Olympics where half of the crowd does not understand its meaning Justice Chandrachud saidThe bench said You Centre take a call Government should not show any reservation to the amendment as the court would not allow it to shoot from its shouldersThe court then asked the Centre to consider taking a call by January 9 the next date of hearing on amending the national flag code for regulating the playing of national anthem in cinema halls across the countryIt said the Centre has to take a call uninfluenced by its earlier order on the playing of the national anthem in the theatresThe apex court had in its November rpt November last years 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 flagIt 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 disrespectPassing 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 impermissibleThe directions are issued for love and respect for the motherland is reflected when one shows respect to the National Anthem as well as to the National Flag That apart it would instil the feeling within one a sense committed patriotism and nationalism it had then saidIt 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