Disabled need not stand for national anthem, rules SC

R Sedhuraman

Legal Correspondent

New Delhi, December 9

The Supreme Court on Friday modified its November 30 order for playing the national anthem in cinema halls to promote patriotism. It exempted those with physical disability from the need to stand up and clarified that the doors need not be bolted.

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A Bench comprising Justices Dipak Misra and Amitava Roy also agreed to consider a plea for recalling the order making national anthem compulsory before the start of every movie, subject to the applicant making suitable changes in his petition. The case would be taken up again on February 14 next year.

“We clarify if a physically challenged person or a physically handicapped person goes to the cinema hall to watch a film, he need not stand up if he is incapable to stand, but must show such conduct which is commensurate with respect for the national anthem,” the Bench said.

It did not explain what it meant by “must show such conduct.”

“Another aspect needs to be cleared. When we said that the doors shall be closed, we did not mean that the door shall be bolted” when the anthem was played, the Bench added.

The modification comes in the wake of criticism of the order on several aspects, including the plight of persons with physical disability and the need to open the doors in case of any accident similar to the break out of a fire in the Uphaar cinema hall in Delhi in which 59 people perished in June 1997. 

In the November 30 order on a PIL, the Bench had said playing the anthem in theatres was necessary to promote patriotism and national identity and integrity.

“All the cinema halls in India shall play the national anthem before the feature film starts and all present in the hall are obliged to stand up to show respect,” the Bench had ruled.

“The entry and exit gates of cinema halls should remain closed when the anthem was played to avoid disturbance which would amount to showing disrespect,” the order stated.