Centre favours doing away with mandatory playing of national anthem in theatres

NEW DELHI: Tthe Centre on Monday told the Supreme Court that it could modify its order to do away with compulsory playing of anthem before screening of films in halls.

The government had earlier insisted that playing of national anthem be made mandatory not only in theatres but also in educational institutions. It told the court that it was in favour of apex court withdrawing its interim order passed on November 30, 2016 for mandatory playing of anthem in theatres.

Centre made its stand after the Supreme Court in the last hearing hinted at modifying its order to make playing of national anthem optional to stop moral policing in the name of patriotism. The court had turned down Centre's plea not to tinker with its earlier order and asked it to take a call on framing of rules or guidelines to regulate playing of national anthem in cinema halls and other events. It had said the issue comes within the executive domain and the government should not ask court to carry out functions which comes within the Centre's jurisdiction.

"Why do we have to wear patriotism on our sleeves? People go to cinema for undiluted entertainment and to ease out. Tomorrow someone may say people should not come in shorts and t-shirts in cinema halls as national anthem is played there. Where would this moral policing stop?," the court had said.

Filing an affidavit in the apex court, the government said that it had appointed an inter-ministerial committee to frame guidelines for playing of national anthem at public places and pleaded the court to restore the status prevalent before November 2016.

"The aforesaid committee has been constituted to look into all aspects relating to playing or singing of national anthem. Upon consideration of the recommendations made by the committee, the government may bring out the requisite notification or circular or rules in this regard, if required. This court may consider the restoration of status quo ante until then, that is restoration of the position as it stood before the order passed by this court on November 30, 2016 with regard to direction to the extent that it mandates the playing of the national anthem in all cinemas before the feature film starts," the affidavit said.

The apex court had on November 30, 2016 directed that all cinema halls must play national anthem before screening of films saying that "it would instill the feeling within one, a sense committed patriotism and nationalism".

Informing the court about steps taken by it to frame the rule, the Centre in its affidavit said that the inter-ministerial committee, headed by additional secretary of ministry of home affairs, had been appointed which would need at least six months time to file a report after holding extensive consultations.

"The framing of guidelines describing circumstances and occasions on which national anthem is to be played or sung and observance of proper decorum on such occasion require extensive consultations with various ministries. It is submitted that the government has decided to constitute an inter-ministerial committee headed by additional secretary, MHA with representatives from ministries of defence, external affairs, culture, women and child development, parliamentary affairs, information and broadcasting, minority affairs, legal affairs, HRD," Centre said in its affidavit.

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