Supreme Court judge Justice D.Y. Chandrachud lambasted the decision behind November 30, 2016 order saying there is no need for an Indian to “wear his patriotism on his sleeve.”
A three-judge bench of Supreme Court led by Chief Justice of India Dipak Misra was hearing a petition filed by Kodunglloor Film Society in Kerala against last year’s order. Incidentally, this order was passed by a bench led by Justice Dipak Misra himself. In his order, Justice Misra had then said, this practice would “instill a feeling of committed patriotism and nationalism.”
Justice Chadrachud, part of the current bench, has questioned this logic. He said, “Next thing will be that people should not wear t-shirts and shorts to movies because it will amount to disrespect to the National Anthem... where do we stop this moral policing?”
Supreme Court has asked government of India to take call on whether playing of National Anthem should be made mandatory inside cinema halls. Justice Chandrachud, in presence of Chief Justice Misra, observed on Monday, "You don't have to stand up at a cinema hall to be perceived as patriotic."
The Attorney General of India K.K. Venugopal supported 2016 order saying that "when people come out of the theatre they will believe that we are all Indians". He argued, "Its purpose is the loyalty of the population, to neutralize divisiveness, foster unity in diversity. It is the duty of every citizen under Article 51-A (a) to abide by the Constitution, respect its ideals and institutions, the National Flag and the National Anthem."
But Justice Chandrachud countered that Article 51A was very broad. Among the list of fundamental duties, the Article, for example, required the citizens to "develop scientific temper, humanism, spirit of inquiry".
He asked Mr. Venugopal, “Are we (Supreme Court) supposed to enforce all this? As the government, you have the power. You take the call. Why should we take your burden?"
Justice Chandrachud has suggested that the language of 2016 order can be changed to make playing National Anthem optional. Attorney General, however, said that the government would take a call.
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