The government has also filed an affidavit in the court, requesting the apex authority to continue the 2016 interim order in the meantime.
Days after the Supreme Court asked the Centre to take a call on playing the national anthem in theatres and public places, the government on Monday said it would set up an Inter-Ministerial Committee to frame new rules for the same. It also said that it would need six months to complete the exercise.
This has been conveyed to the Supreme Court in an affidavit filed by the government in the national anthem matter which is due to come up for hearing on Tuesday before a bench headed by Chief Justice Dipak Misra. The panel will look into the question and come up with its recommendations.
In its order on November 30, 2016, the Supreme Court had directed all the cinema halls across the country to play the national anthem before the screening of films and that all present must “stand up in respect” till the anthem ended. It said the practice would “instill a feeling within one a sense of committed patriotism and nationalism.” This had set off a furore.
However, the three-judge bench comprising of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud hinted at the modification of the order in October. Asking why people have to “wear patriotism on their sleeves,” the court observed, “People go to a movie theatre for undiluted entertainment. Society needs that entertainment. Society needs that entertainment.” The court was then hearing a petition filed by a film society seeking a recall of its November 30, 2016, order making it mandatory for movie halls to play the anthem.
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It also asked the Centre to take a call about regulating the playing of National Anthem in public places and also bring out necessary rules for the same. “What is stopping you from amending the Flag Code? You can amend it and say where to play the national anthem and where it can’t be done. Nowadays, the anthem is played during matches, tournaments and even Olympics where half of the crowd does not understand its meaning,” said Justice DY Chandrachud.
CJI Dipak Misra, who was a part of the original bench which gave the 2016 order, had said, “This is not wearing patriotism on your sleeve. This is not that.” He also said the court may modify its earlier order and replace the “shall” in it with “may”.