Note4Students

Debate of patriotism and nationalism gained traction after the judgment of the SC .Critics argued that nationalism is an intrinsic value of behaviour which cannot be enforced through judgements. And such enforcements will not be able to instil the patriotic feeling in the mind of people. So, in the larger perspective, this discussion tries to understand the basic principles of fundamental duties and intrinsic mind set of the people in the light of SC order .

Introduction

1. The Supreme Court directed that 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 to the National Anthem..
2. Dipak Misra and Amitava Roy had passed the order while hearing a petition referring to the provisions in the Preventions of Insults of National Honour Act, 1971.
3. Supreme Court referred to clause (a) of Article 51(A), Fundamental Duties, occurring in Part IVA of the Constitution, which reads as follows:

Analysis

DIRECTIVES OF SUPREME COURT

1. There shall be no commercial exploitation to give financial advantage or any kind of benefit
2. There shall not be dramatization of the National Anthem and it should not be included as a part of any variety show. It is because when the National Anthem is sung or played it is imperative on the part of every one present to show due respect and honour.
3. National Anthem or a part of it shall not be printed on any object and also never be displayed in such a manner at such places which may be disgraceful to its status and tantamount to disrespect. It is because when the National Anthem is sung, the concept of protocol associated with it has its inherent roots in National identity, National integrity and Constitutional Patriotism.
4. 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 to the National Anthem.
5. Prior to the National Anthem is played or sung in the cinema hall on the screen, the entry and exit doors shall remain closed so that no one can create any kind of disturbance which will amount to disrespect to the National Anthem. After the National Anthem is played or sung, the doors can be opened.
6. When the National Anthem shall be played in the Cinema Halls, it shall be with the National Flag on the screen.
7. The abridged version of the National Anthem made by any one for whatever reason shall not be played or displayed.

Arguments for National Anthem

1. It is clear as crystal that it is the sacred obligation of every citizen to abide by the ideals engrafted in the Constitution. And one such ideal is to show respect for the National Anthem and the National Flag.
2. Constitutional patriotism: The court noted that a time has come, the citizens of the country must realize that they live in a nation and are duty bound to show respect to National Anthem which is the symbol of the Constitutional Patriotism and inherent national quality.
3. It does not allow any different notion or the perception of individual rights that have individually thought of have no space. The idea is constitutionally impermissible
4. The moral values and the national pride is not the obligation of only the armed forces, this is the fundamental duty of all citizens. The Children in the country should be taught lessons in nationalism and patriotism right from the beginning.
5. Infusion of national values: Right from childhood we should inculcate in the minds of our children respect to the great National symbols. If the nation doesn’t exist, we don’t exist. These symbols are the symbols of sovereignty and honour of the nation. Every citizen has the right to uphold it and respect it and that is the reason it has been mentioned in the constitution under Article 51A.

Criticism

1. Past experience: It was mandatory for cinema halls to play the national anthem after every movie in the 1960s after the Indo-China war. And since it was played after the movie, it was a common sight to see people start leaving the theatre while the national anthem was playing, and so the practice was slowly discontinued.
2. The ushers in cinema halls tell us that if the practice is started again, it will again lead to chaos and confusion
3. Understanding the real problem: If the younger generation has been oblivious about national symbols then the fault lies elsewhere. This problem can’t be solved by insisting in cinema theatres to sing National Anthem.
4. One can’t say if we don’t play National Anthem in the cinema theatres we will become less patriotic or less nationalistic.
5. There is no empirical evidence to show that people have become less nationalistic or less patriotic. Whenever nation faces a crisis people rise as one man and defends the nation as we have seen in these many years. This shows people are patriotic.
6. Judicial overreach: This is the domain of the executive and the legislature and not of the Supreme Court. Critics pointed towards the judicial overreach of apex court.
7. The question remains is what if a person can’t stand due to some disabilities.
8. Under Article 142 the Supreme Court decrees and orders are enforceable throughout the country but those are in respect of a cause or matter which comes up for the Supreme Court. There are doubts whether this particular order comes under that category.
9. People have inherent feeling and respect for national symbols, that’s the reasons people spontaneously stand up whenever National Anthem is sung. No one should be enforced or compelled to do that and respect should come within.
10. The Supreme Court used an expression “Constitutional Patriotism” but patriotism cannot be constitutional.
11. Compulsion from an outside source will create certain feelings and adverse reaction which is not good.
12. Our founding fathers of constitution were aware and that is why they also observed that the respect for the nation and its symbols should not be enforced by the state.

Way forward

1. Opinions of people should be taken into account.
2. When national anthem is forced down on millions of people, like this, it detracts from the specialty of the anthem.
3. If court believes that the nationalism is dwindling among the people, SC should direct the government to take serious steps to inculcate patriotism from school level itself.

Questions

“Nationalism should not impose upon the people. It is an intrinsic value of each individual”. Analyse the statement in the light of recent SC judgement on playing national anthem in the cinema hall