Case Law Details

Case Name : Shyam Narayan Chouksey Vs. Union Of India (Supreme Court)
Appeal Number : Writ Petition(s) (Civil) No(s). 855/2016 30/11/2016
Date of Judgement/Order :
Related Assessment Year :

Government writes to States/UTs for necessary action on Supreme Court’s order regarding National Anthem of India

The Government has written to the Chief Secretaries of all State Governments and Chief Secretaries/Administrators of all Union Territories to comply with the Supreme Court’s order dated 30.11.2016 delivered in the Writ Petition (Civil) No.855/2016 relating to the National Anthem of India and take necessary action in this regard. The Supreme Court in the above said Order has directed as follows:

(a) There shall be no commercial exploitation to give financial advantage or any kind of benefit. To elaborate, the National Anthem should not be utilized by which the person involved with it either directly or indirectly shall have any commercial benefit or any other benefit.

(b) There shall not be dramatization of the National Anthem and it should not be included as a part of any variety show. It is because when the National Anthem is sung or played it is imperative on the part of every one present to show due respect and honour. To think of a dramatized exhibition of the National Anthem is absolutely inconceivable.

(c) National Anthem or a part of it shall not be printed on any object and also never be displayed in such a manner at such places which may be disgraceful to its status and tantamount to disrespect. It is because when the National Anthem is sung, the concept of protocol associated with it has its inherent roots in National identity, National integrity and Constitutional Patriotism.

(d) All the cinema halls in India shall play the National Anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the National Anthem.

(e) Prior to the National Anthem is played or sung in the cinema hall on the screen, the entry and exit doors shall remain closed so that no one can create any kind of disturbance which will amount to disrespect to the National Anthem. After the National Anthem is played or sung, the doors can be opened.

(f) When the National Anthem shall be played in Cinema Halls, it shall be with the National Flag on the screen.

(g) The abridge version of the National Anthem made by anyone for whatever reason shall not be played or displayed.

Press Information Bureau, Government of India, Ministry of Home Affairs, 19-December-2016 16:18 IST

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