Context:
An executive magistrate in Srinagar has jailed 11 men after detaining them for allegedly not rising for the National Anthem at an event where J&K Lt Governor Manoj Sinha was present recently.
- The song Jana-gana-mana, composed originally in Bangla by Rabindranath Tagore.
- The Constituent Assembly adopted it in its Hindi version as the National Anthem of India on January 24, 1950.
- The lines of India’s National Anthem are taken from Tagore’s song, ‘Bharoto Bhagyo Bidhata’ .
- Ist session – At the session held by Indian National Congress in Calcutta on 27th December 1911, they publicly sang the song for the first time.
- Playing time of the national anthem is 52 seconds.
- Article 51 A – It shall be the duty of every citizen of India, to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
National Anthem Code of Conduct
- It is the rules, guidelines, and instructions issued from time to time by the Ministry of Home Affairs.
- Whenever the Anthem is sung or played, the audience shall stand to attention.
- However, it is not expected that the audience stands when the Anthem is included as part of a newsreel or documentary.
- When flying the National Flag, people are expected to use their good sense and refrain from indulging in indiscriminate singing or playing of the Anthem.
- The prevention of insults to national honour act, 1971 – Section 3 prescribes jail up to 3 years and/ or a fine for intentionally preventing the singing of the National Anthem or causing disturbance to any assembly engaged in such singing.
Cases related to National Anthem
- Bijoe Emmanuel & Ors vs State Of Kerala, 1986 – The court granted protection to 3 children belonging to the millenarian Christian sect Jehovah’s Witnesses, who did not join in the singing of the National Anthem at their school.
- Supreme Court said that under Article 25, it is freedom of conscience and free profession, practice and propagation of religion to follow their religious practices solely and it is not an insult to the national anthem.
- Shyam Narayan Chouksey vs Union of India, 2018 – It held that playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional.
FAQs related to standing up for the National Anthem
A1: The prevention of insults to national honour act, 1971, prescribes jail up to 3 years and/or a fine for intentionally preventing the singing of the National Anthem or causing disturbance to any assembly engaged in such singing. However, specific cases and circumstances are considered by the judiciary on an individual basis.
A2: The playing time of the national anthem is approximately 52 seconds.
A3: The National Anthem Code of Conduct consists of rules, guidelines, and instructions issued by the Ministry of Home Affairs. It states that whenever the Anthem is sung or played, the audience should stand to attention. However, during the screening of a newsreel or documentary where the Anthem is played as a part of the film, it is not expected for the audience to stand.
A4: The prevention of insults to national honour act, 1971, includes provisions for preventing the singing of the National Anthem or causing disturbance to any assembly engaged in such singing. Section 3 of the act prescribes jail up to 3 years and/or a fine for such actions.
Read also:- Article 25 & 26 – Constitution of India
Standing up for National Anthem,Standing up for National Anthem
