A video clip of a family being forced by movie watchers to leave a cinema hall in Mumbai for not standing up when the national anthem was played has gone viral and the response from lawyers is mixed.
Condemning the incident in strong terms, S. Srinivasa Raghavan, vice-president, Madurai Bench of Madras High Court Bar Association, said that there was no statutory obligation that citizens should stand up during the playing of the national anthem. The Prevention of Insults to National Honour Act, 1971 prescribes imprisonment up to three years or fine or both only for those who intentionally prevent singing of the national anthem or cause disturbance to any assembly engaged in singing the anthem.
“However, a Union Home Ministry directive states that people should stand to attention when the anthem is sung or played. But even that grants exemption from standing if the anthem was played as part of a newsreel, documentary or film,” he points out.
The directive states: “When in the course of a newsreel or documentary, the anthem is played as a part of the film, it is not expected of the audience to stand as standing is bound to interrupt the exhibition of the film and would create disorder and confusion rather than add to the dignity of the anthem.”
The Supreme Court too had relied upon that directive in April 2004 to set aside an order passed by Madhya Pradesh High Court to withdraw Karan Johar’s movie ‘Kabhi Khushi Kabhi Gham’ from all cinema halls till scenes depicting the national anthem were deleted, he added.
Advocate S. Srimathy, however, holds the view that the Centre should prohibit playing of the national anthem in places such as cinema theatres where standing up could cause disorder and confusion.
“Film-makers can always make the audience understand that a scene was related to national anthem even without playing it, and citizens don’t require a statute or an order requiring them to stand up for the national anthem. Respect should come from the heart,” she concludes.
A video clip of a family asked to leave movie hall in Mumbai has gone viral
