NDLI: Shyam Narayan Chouksey Vs. Union of India & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1971 Prevention of Insults to National Honour Act National Anthem/National Flag – Constitution of India – Art.32
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Case Disposed Off
Headnote	National Anthem/National Flag – Constitution of India – Art.32 – Petitioner, a public spirited person, sought direction commanding the respondents to take appropriate steps for inculcating in the public a proper sense for paying due respect to the National Anthem – On 30th November, 2016, Supreme Court passed interim order, inter alia, directing that all cinema Halls shall play the National Anthem before the feature film starts and all present in the hall to oblige and stand up to show respect to the National Anthem – Later, the Court passed another order advising Central Government to bring out requisite notification or circular or rules in this regard – In pursuant thereto, State constituted a Committee by the Notification dated 5th December, 2017 to look into every aspect including the amendment to the Prevention of Insults to National Honour Act, 1971 and to formulate executive instructions – State contended that till the Committee is looking into the matter, the mandatory order passed by the Court regarding playing of National Anthem in cinema Halls may be modified by making it directory – Held: The Committee appointed by the Central/Union Government shall submit its recommendations to the competent authority in terms of the Notification dated 5th December, 2017, for follow up action – The order passed on 30th November, 2016, modified to the extent that playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory – Since the Committee constituted by the Union government is looking into all aspects of the matter, it shall make its recommendations uninfluenced by the interim directions of Supreme Court – Similarly, the competent authority shall in taking its decision(s) not be constrained or influenced by any of the interim directions – Prevention of Insults to National Honour Act, 1971 Act – ss. 2 and 3 – Public Interest Litigation National Anthem/National Flag – Constitution of India – Art.32 – Petitioner, a public spirited person, sought direction commanding the respondents to take appropriate steps for inculcating in the public a proper sense for paying due respect to the National Anthem – On 30th November, 2016, Supreme Court passed interim order, inter alia, directing that all cinema Halls shall play the National Anthem before the feature film starts and all present in the hall to oblige and stand up to show respect to the National Anthem – Interlocutory applications filed, which related to the difficulties faced by the disabled persons – Applicants contended that there has to be some kind of exemption for physically challenged persons or physically handicapped persons – State constituted a Committee by the Notification dated 5th December, 2017 to look into every aspect including the amendment to the Prevention of Insults to National Honour Act, 1971 Act and to formulate executive instructions – The orders were modified, physically challenged persons or physically handicapped persons exempted from the ambit of the orders – Held: The exemption granted to disabled persons to remain in force till the final decision of the competent authority with regard to each occasion whenever the National Anthem played or sung – Rights of Persons with Disabilities Act, 2016 – Public Interest Litigation. Constitution of India – Art. 51A(a) – Citizens or persons are bound to show respect as required under executive orders relating to the National Anthem of India and the prevailing law, whenever it is played or sung on specified occasions.
Judge	Honble Mr. Justice Dipak Misra
Neutral Citation	2018 INSC 14
Petitioner	Shyam Narayan Chouksey
Respondent	Union Of India & Others
SCR	[2018] 1 S.C.R. 1147
Judgement Date	2018-01-09
Case Number	855

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