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Not standing up for national anthem not an offence, say legal experts
READ MORE National Honour Act|National Anthem|Indian National Anthem
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"I don't think it's a matter of legality as much as it's of propriety. It's not an offence, there is no act which says you must stand," said senior advocate Iqbal Chagla. The only law that weighs in on behaviour during the national anthem is Section 3 of The Prevention of Insults to National Honour Act, 1971, stating, "Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both." It makes no mention of a mandate to stand during the national anthem.
READ ALSO: Muslim family forced to leave theatre for not standing during national anthem
However, the Ministry of Home Affairs' orders categorically state, "Whenever the anthem is sung or played, the audience shall stand to attention." But this is not legally enforceable. "Guidelines from the home ministry are not legislation. They serve an advisory role," said Chagla.
"It's a difficult issue really. The broad view is that you respect the anthem. And respect is shown by everyone standing up, then you do the same, unless you're incapable of doing that," said Darius Khambata, senior counsel and former advocate general of Maharashtra. But he didn't condone the "thug nationalism that's going on." "Beating someone up shows more disrespect. People will do anything, they will run their lives any way they want, and then suddenly on this issue they will get hyper-nationalistic," he said.
In Mumbai and Maharashtra, the playing of the national anthem was reintroduced in theatres on Republic Day in 2003, after nearly two decades. It was the result of a campaign by the Nationalist Youth Congress (NYC) whose demand was approved by then Deputy CM Chhagan Bhujbal. "It is not compulsory for theatres to play the anthem, as there was no directive from the government or government resolution. It resulted from political pressure," said a government official. According to criminal lawyer and leader of the NCP Majeed Memon, this initiative sought to "educate the younger generation, to show respect to the country and flag."
Standing in respect is a moral responsibility that cannot be enforced. "It's a matter of grave propriety in my view, every proud Indian should stand when the national anthem is being played. But that's a far cry from saying it's an illegality," added Chagla.
Not standing up for national anthem not an offence, say legal experts - The Times of India
READ MORE National Honour Act|National Anthem|Indian National Anthem
RELATED
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"I don't think it's a matter of legality as much as it's of propriety. It's not an offence, there is no act which says you must stand," said senior advocate Iqbal Chagla. The only law that weighs in on behaviour during the national anthem is Section 3 of The Prevention of Insults to National Honour Act, 1971, stating, "Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both." It makes no mention of a mandate to stand during the national anthem.
READ ALSO: Muslim family forced to leave theatre for not standing during national anthem
However, the Ministry of Home Affairs' orders categorically state, "Whenever the anthem is sung or played, the audience shall stand to attention." But this is not legally enforceable. "Guidelines from the home ministry are not legislation. They serve an advisory role," said Chagla.
"It's a difficult issue really. The broad view is that you respect the anthem. And respect is shown by everyone standing up, then you do the same, unless you're incapable of doing that," said Darius Khambata, senior counsel and former advocate general of Maharashtra. But he didn't condone the "thug nationalism that's going on." "Beating someone up shows more disrespect. People will do anything, they will run their lives any way they want, and then suddenly on this issue they will get hyper-nationalistic," he said.
In Mumbai and Maharashtra, the playing of the national anthem was reintroduced in theatres on Republic Day in 2003, after nearly two decades. It was the result of a campaign by the Nationalist Youth Congress (NYC) whose demand was approved by then Deputy CM Chhagan Bhujbal. "It is not compulsory for theatres to play the anthem, as there was no directive from the government or government resolution. It resulted from political pressure," said a government official. According to criminal lawyer and leader of the NCP Majeed Memon, this initiative sought to "educate the younger generation, to show respect to the country and flag."
Standing in respect is a moral responsibility that cannot be enforced. "It's a matter of grave propriety in my view, every proud Indian should stand when the national anthem is being played. But that's a far cry from saying it's an illegality," added Chagla.
Not standing up for national anthem not an offence, say legal experts - The Times of India
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