SHYAM NARAYAN CHOUKSEY vs. UNION OF INDIA and OTHERS, (2018) 2 SCC 574

INTRODUCTION
The case Shyam Narayan Chouksey vs. Union of India is all about to respect the National Anthem. This is a landmark case which deals with the respect to the National Anthem. It mentions that what is done and what not to be done while playing National Anthem. In this the petitioner takes the case to the court and asked the court that what is to be done and what not to be done while playing or singing National Anthem. The court passed an order in which they said that it is compulsory for all the cinema halls to play National Anthem before the movie starts and it is also compulsory for all the people who are inside the theatre to stand while the National Anthem Played. The court made it compulsory for all the citizens to stand while the National Anthem is played to respect the National Anthem but it is their choice to sing National Anthem or not. The court did not make any compulsion to sing the National Anthem.

BACKGROUND OF THE CASE
The case Shyam Narayan Chouksey vs. Union of India brought a storm in the social media about how to respect and disrespect the National Anthem. In this case the court passed a new order in which it is said that it is mandatory for all the cinema halls to play the National Anthem before the screening of every movie. The court made it mandatory for all the citizens to stand when the National Anthem is played in order to respect it but the court did not force anyone to sing the National Anthem.

The case which are related to this case are Bijoe Emmanuel vs. State of Kerala it was held the there were three students who were restricted from school because while playing National Anthem in school they did not sing it. In this the Kerala Education of 1958 was violated by those students. They refused to sing National Anthem because it was against their religion and if they sing National Anthem their Right to Religion was violated.

The supreme court in this case passed an order saying that those threw students were not guilty for disrespecting the National Anthem as they have only refused to sing the National Anthem. They have not disrespected the National Anthem by not standing, when the National Anthem is played those three student stand to give respect to National Anthem.

There was another case in which Shyam Narayan Chouksey filed the petition in the Madhya Pradesh High Court accusing the producer Karan Johar for disrespecting the National Anthem in his movie. Shyam Narayan Chouksey complained that Karan Johar in his movie disrespect National Anthem by playing it in a low light. Further he also stated the people who are in the hall watching the movie did not stand when the National Anthem was played. The petitioner Shyam Narayan Chouksey filed a case in the Madhya Pradesh High Court it is the disrespectful nature towards the National Anthem and it must be made mandatory for all the citizens to stand when the National Anthem was played to respect it.

The Madhya Pradesh High Court in its order stated that the movie was withdrawn from all the theatres until and unless the producer-director Karan Johar edits that particular scene.

FACTS OF THE CASE
This case is related to that what is to be done and what is not to be done to respect the National Anthem. In this case the petitioner under Article 32 of the Indian Constitution moved to the Supreme Court t to ask that what is to be done and what not to be done to respect National Anthem. The case also deals with what constitutes respect and disrespect to the National Anthem i.e. what is to be done when the National Anthem is played or sung.

ARGUMENTS
The petitioner Shyam Narayan Chouksey under Article 32 Of the India Constitution approached the court to issue the writ of mandamus and understand what disrespect is to the National Anthem. After the notice was issued the Attorney General of India Mr. Mukul Rohtagi came into the case and passed an order with some rules which must be followed by each and every citizen of India.

  1. National Anthem must not be displayed or printed in any way which might bring disrespect to its status.
  2. All the cinema halls or theatres must play National Anthem before the movie starts and it is compulsory for all the citizens who were inside the theatre to stand when the National Anthem was played to show respect to it.
  3. While playing the National Anthem in the cinema halls, all the entry and exit doors of the hall must be closed. This ensures no disturbance to give respect the National Anthem.
  4. While playing the National Anthe in the cinema halls the National Flag should be on the screen to respect National Anthem.
  5. The short or mixed version of National Anthem must not be played.
  6. No dramatization of the National Anthem
    Then two applications were filed to recall the order which was passed by the Attorney General of India, which questioned about that how the people who are physically disabled or physically challenged can show respect to the National Anthem in the theatres. To which the Attorney General of India submitted certain guidelines for the physically disabled people, in his guidelines he said that the person who is physically disabled does not need to stand up when the National Anthem was played in the cinema halls but they have to show conduct which must show respect to the National Anthem.
    Then the applications were filed in the court relating to difficulties faced by the physically challenged people on 14th February 2017. The court appointed learned counsel Mr. Sidharth Luthra who looked upon the matter. The learned counsel Mr. Sidharth Luthra said that the people who are physically disabled are not expected to stand when the National Anthem was played in the cinema halls or theatres before the starting of the movie. Mr. Abhinav Shrivastava who is a learned counsel appearing for the petitioner raised contentions:
  7. Article 51 A of the Indian Constitution states that every citizen of India should respect the constitution of India and its National Flag and National Anthem.
  8. The prevention of Insults to National Honour Act 1971 section 3 deals with playing and singing of the National Anthem but does not deal with that how respect should be shown to National Anthem.
  9. The order which was passed by the court should be recalled and the changes must be made.
    The order which was passed on 30 November 2016 should be modified and after modification it was said that it is not compulsory for the cinema halls or theatres to play the National Anthem before the playing of any movie. It is optional for the cinema halls to play National Anthem before playing the movie.

JUDGMENT
Showing respect to the National Symbols like National Anthem and National Flag is the duty of every citizen of India under article 51(A) of the India Constitution and promotes a sense of nationalism among the public. The case Shyam Narayan Chouksey vs. Union of India revolves around respecting the National Anthem when it was played in the movie halls before screening of the movie. The case revolves around that what is to be done and what not to be done to respect the National Anthem.
The judgment of this case was delivered by Learned CJI Dipak Mishra on 9th January 2018. The Hon’ble Supreme Court stated that every citizen of India should show respect to the National Anthem and National Flag, however cinema halls or theaters are not the right place to play the National Anthem as the people come here to enjoy an for their entertainment. However the Supreme Court of India stated that it is not compulsory for the cinema halls or theatres to play National Anthem before screening of the movie. However, when the National Anthem is played or sung, the citizens of India are bound to show respect to it.

ANALYSIS
The Supreme Court of India judged a very important and landmark case on 9th January 2018 which is popularly known as the Shyam Narayan Chouksey vs. Union of India case, which involves that what is to be done to show respect to the National Anthem. This case is very important as it deals with the issue of National Anthem as what is to be done to give respect to the National Anthem.

The case was judged on the basis of facts, merits and evidences with taking care of each minute details regarding what constitutes disrespect to the National Anthem. This case is dealt with that what is to be done to respect the National Anthem. This case mainly revolves around the standing of the citizens while the National Anthem is played in the cinema halls or theatres before screening of the movie.

This case was judged appropriately and it poses a question that whether the National Symbols are respected by every citizen of India in the way they should be or the essence of National Symbols is not clear to the citizens of India and taken for granted.

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