NATIONAL ANTHEM

Authors

  • Parita Goyal 3rd Year LLB Student, Symbiosis Law School Author

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Abstract

The National Anthem of India is played and sung on different occasions. The instructions are issued from time to time about the correct versions of the anthem, the occasion on which these are to be played or sung, and about the need for paying respect to the anthem by an observance of proper decorum on such occasions. Patriotism is a feeling that can be exhibited through several conducts. It is a sentiment that is personal and it comes from the inside. Showing respect for the National Anthem is one way of viewing Patriotism. The actual sense of Patriotism cannot be enforced on any individual. Standing up for National Anthem before the display of movies at theatres is not the real sense of Nationalism or Patriotism. An interim order passed by the Apex Court in Shyam Narayan Chouksey v. Union of India that the National Anthem is to be bestowed the respect and reverence it is worthy of. Authored by Justice Dipak Misra, this order ensures that while the National Anthem might stand adequately "respected", the expectation of reasoned judicial orders will quiver in a corner. The case led to different inferences, like the Court does not make the important categorical distinction as required between a refusal to stand up for the anthem as an active act of disturbance as opposed to a passive act of silence or does not concern for people with disabilities. Instead, it cherishes a positive duty and states that all the cinema halls in India shall play the National Anthem before featuring the film and all present in the hall are obliged to stand up to show respect to the National Anthem. The case was decided correctly, but the court’s reasoning was wrong. A true patriot shall respect other individuals, nations and cultures regardless of any labels, by respecting another’s allegiance to their country and not targeting other communities. 

Published

10-01-2018

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Copyright © 2026 by Parita Goyal

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How to Cite

Parita Goyal. “NATIONAL ANTHEM”. Journal of Legal Studies & Research, vol. 4, no. 1, Jan. 2018, pp. 292-5, https://journal.thelawbrigade.com/jlsr/article/view/2080.