Wednesday 15 February 2017

Can Supreme Court Enforces the National Anthem in Movie theatres?

It is the Duty of Supreme court to release certain orders that can increase the unity and integrity of the nation.

A national anthem is generally a patriotic musical composition that evokes and eulogizes the history, traditions and struggles of its people, recognized either by a nation's government as the official national song, or by convention through use by the people.



Our National Anthem:-

Jana Gana Mana Adhinaayak Jaya hai
Bharat Bhagya Vidhata
Punjab Sindh Gujarat Maratha,
Dravida Utkala Vanga
Vindhya Himachal Yamuna Ganga,
Uchchal Jaladhi Taranga
Tav shub naame jage,
Tav shub aashish maage,
Gahe tav jayagaatha.

Jana Gana Mangal Daayak Jaya hai
Bharat Bhagya Vidhata.
Jaya hai, jaya hai, jaya hai,
Jaya Jaya Jaya Jaya hai..


English Translation:-

Thou art the ruler (directing the nation for farewell) of the hearts of all people,
Dispenser of India's fortune.
Thy name rouses the hearts of the Punjab,
Sind, Gujarat, and Maratha,
Of the Dravida, and Odhisha and Bengal.
It echoes in the hills of Vindhyas and,
Himalayas, mingles in the music of the
Yamuna and the Ganga and is chanted by
the waves of the Indian sea.
We pray for your blessings,
and sing by your praise,
The saving of all people
waits in thy hand.
Thou dispenser of India's fortune,
Victory, victory, victory to thee



The afore discussed national anthem indeed praises the nation and eulogise our national leaders struggles in their journey. It is really acceptable to sing the song wherever and whenever there is time to sing to remember our national struggle and to inculcate national values in our blood and souls.

It increases the Spirit of the nationalism, which is main background thought of the supreme court. 

That thought even supported by the Article 51A (a), which says that "It is our duty to abide our constitution and respect its ideals and institutions, national flag and national anthem".

In many instances, Supreme Court is incorporating many values of directive principles of State Policy, even though which are not enforceable.  In the same way, supreme court has taken the decision to enforce the national anthem before beginning the movies in theatres. The spirit behind the order is very good and unquestionable but is it implementable?


Look at it in the rational way,

1. Movie theatres are not only for the Indians but  also foreigners. we cannot ask them to stand whenever national anthem is being played.

2. Every one( consider large sections of indians) have the positive outlook  and love towards the nation and national anthem. Is it fair to express their love and respect solely in particular way????!!!! that is standing in movie theatres. they can express their nationalism in many ways such as by serving to the nation or by paying the taxes or by joining in the govt services ,especially army. Exercising the power to express one’s love and respect in particular way is against the article 19.1 that is freedom of expression.

3. It can increases the vigilantism.(it already happened in the tamil nadu).

4. Entertainment and expression on the nationalism are two separate entities. One cannot ask two combine them in particular way. People come to theatres for entertainment but not to express their national spirit. 



Conclusion:-
nationalism or patriotism comes from what we have done to our nation instead of standing up when  anthem that is played in the movie halls. The respect to National Anthem shall comes from within  but shall not be enforced. If it is forcefully enforced that will shows the FORCE but not love and respect toward the nation and its people.Enforcement with force will definitely shows the Judicial Overreach. 


Little Background Information:-


  • National Anthem is written by Rabindernath Tagore.
  • It is for the first time sung on 27 December 1911 at the Indian National Congress, Calcutta .
  • Netaji Subhas Chandra Bose commissioned a free translation of the national anthem from Sanskritized Bengali to Urdu-Hindi. The translation was written by Captain Abid Ali, composed by Captain Ram Singh Thakur and was called Subah Sukh Chain.
  • National Anthem is adopted by Government of India on 24th jan, 1950.

- By Madhav Kiran, Aspirant of civil service exams.

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