RECENT EVENTS
Recently, incidents of disrespect towards the National Anthem have surfaced on social media and at public events, including a recent controversy in Patna. In the past, similar instances have occurred in different parts of India. Given this backdrop, it is essential to examine the legal framework and the stance of the Hon’ble Supreme Court of India on this matter.
LAW REGARDING DISRESPECT OF THE NATIONAL ANTHEM
Section 3 of the Prevention of Insults to National Honour Act, 1971 prohibits the following acts:
i) Intentionally preventing the singing of the National Anthem.
ii) Causing a disturbance to an assembly engaged in singing the National Anthem.
LEGAL DISCUSSION
Supreme Court’s Ruling on the Disrespect of the National Anthem
In Bijoe Emmanuel & Ors. v. State of Kerala & Ors., 1986 [3] SCR 518, the issue of National Anthem disrespect was brought before the Hon’ble Supreme Court. Three students from the Jehovah’s Witnesses community were expelled from school for not singing the National Anthem during the morning assembly, even though they stood respectfully while it was played.
The students argued that their religious beliefs, which they conscientiously practiced, prohibited them from singing the National Anthem—not because of any objection to its words or sentiments but because their faith forbade the act of singing itself. The Supreme Court held that these children were entitled to protection under Article 25 of the Constitution of India, which guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion.
Furthermore, Article 51A (Fundamental Duties) places a duty on every citizen to abide by the Constitution and respect its ideals and institutions, including the National Flag and the National Anthem. However, the Court clarified that standing up respectfully during the National Anthem but choosing not to sing does not amount to preventing others from singing or causing a disturbance, as defined under Section 3 of the Prevention of Insults to National Honour Act, 1971.
While interpreting the concept of “religion” in the context of fundamental rights, the Court referred to Jamshed Ji v. Soonabai, 23 Bombay ILR 122, stating:
“If the belief of a religious community is proved beyond doubt, a secular judge must accept it—it is not for the judge to question or sit in judgment on that belief.”
The Supreme Court further ruled that the primary question was not whether a particular religious belief or practice appeals to reason or sentiment but whether it is an integral part of professing and practicing that religion. If so, it is protected under Article 25 of the Constitution of India.
The Court found that the fundamental rights of the three children under Article 19(1)(a) (freedom of speech and expression) and Article 25(1) (freedom to practice religion) had been infringed. Consequently, the students were reinstated in school, and the school authorities were directed to allow them to continue their education with all necessary facilities.
A Second Case on the Disrespect of the National Anthem
The issue arose again in Shyam Narayan Chouksey v. Union of India, 2018 (2) SCC 582. The petitioner alleged that a filmmaker had depicted the National Anthem in a derogatory manner in a movie. The Madhya Pradesh High Court directed that the film be removed from theaters unless the controversial scenes were deleted.
When the case was brought before the Supreme Court under Article 32, an interim order was passed making it mandatory for cinema halls to play the National Anthem before screening feature films, with all audience members required to stand as a mark of respect. However, in the final judgment, this requirement was made optional rather than mandatory.
CONCLUSION
The National Anthem is a symbol of national honor. Article 51A of the Constitution of India imposes a duty on every citizen to respect national symbols, including the National Anthem and the National Flag, to foster a sense of nationalism and unity. The Preamble of the Constitution emphasizes securing the unity and integrity of the nation.
The National Anthem, composed by Rabindranath Tagore, symbolizes the unity of India—connecting the East, West, North, and South through a shared thread of justice, liberty, equality, and fraternity. Therefore, showing respect to the National Anthem is not just a legal duty but a moral and patriotic obligation. By doing so, one upholds the dignity of the nation and demonstrates a commitment to patriotism and nationalism.
EVERY CITIZEN’S CALL
Every citizen of this great nation should show deep respect for the National Anthem, as it strengthens national integrity—a fundamental duty under Article 51A of the Constitution. By honoring the National Anthem, one honors the nation and oneself.
Disclaimer: The opinions expressed in this article are solely those of the author and do not necessarily reflect the views of LawStreet Journal.
