THE NATIONAL ANTHEM CONUNDRUM: A SHORT COMMENTARY ON BIJOE EMMANUEL & ORS v STATE OF KERALA &ORS
Author – Ashutosh Kumar Singh & Sakshi Srivastava, Students at Shambhunath Institute of Law
Best Citation – Ashutosh Kumar Singh & Sakshi Srivastava, THE NATIONAL ANTHEM CONUNDRUM: A SHORT COMMENTARY ON BIJOE EMMANUEL & ORS v STATE OF KERALA &ORS, SUPREME COURT JUDGEMENT REPORTER, 1 (1) of 2023, Pg. 66-69, ISBN – 978-81-960677-8-6.
ABSTRACT
Whether singing national anthem is compulsory or not? Whether standing and not singing the national anthem will result into insult of national honour? Whether standing and not singing the national anthem because of some religious sentiments and beliefs shall be protected by the constitution or not? The National Anthem which proves our Nationalism toward our country. The National Anthem shows our belief, culture, mournings, cause, triumphs which we all suffered and faced together. A National Anthem keeps all people in the country together as one. It’s played wherever; it gives you a uncomely presence and pride in our heart by hearing it. It has a sense of pride and strong feelings of Nationalism for the country. The National Anthem is played at assembly of academy and council culturals, theatre, and in induction of programs and events. While playing it, we as a citizen need to stand by showing respect towards it and it inculate pride, respect, nationalism and a sense of concinnity and identity of our country. In India, The Prevention of cuts to National Honour Act, 1960; section 3 of the act has discipline of extended 3 times imprisonment or fine or both, when anyone interrupts or prevents or beget disturbance while singing National Anthem.
The Fundamental Rights of the petitioners under Art. 19(1) (a) and 25(1) have been infringed and they’re entitled to be defended.[1] There’s no provision of law which obliges anyone to sing the National Anthem nor is it discourteous to the National Anthem if a person who stands up hypercritically when the National Anthem is sung doesn’t join the singing.[2] The court decided that the fundamentals rights of the appellants under article 19(1) (a) and 25(1) shall be protected, and the freedom of speech and expression and freedom of religion were infringed by the authority of the school. This case upheld an important aspect of Article 19(1) (a) that right to stay silent is covered under freedom of speech and expression. Therefore the expulsion of students was violating their Fundamental Rights.
Key Words: National Anthem, Right to stay silent, Freedom of free speech and expression, Freedom of religion, Jehovah’s witnesses.
[1] BIJOE EMMANUEL & ORS. V. STATE OF KERALA & ORS. 1987 AIR 748, 1986 SCR (3) 518
[2] Ibid