Mumbai: A video purportedly showing a family being asked to leave a theatre for not standing during national anthem is making rounds on social media.
The 2.40 minute long video shows a family being taken to task by audiences for not standing during national anthem at a Mumbai theatre. While one person asked them if they can sit for four hours for a film, why cannot they stand for a few second for national anthem.
The family, on the receiving end of the audiences, can also be seen arguing that they chose not to stand during national anthem because they were within their right to do so.
The crowd did not relent till the multiplex staff asked the family to leave the theatre.
And finally the audience celebrated it with a round of applause.
The incident reportedly, took place during a show of the movie Tamasha at a PVR in Kurla.
Although it is the duty of every citizen to respect the National Anthem, it is not clear as to what will constitute disrespect.
Also Read: National Anthem row: What really happened before the family was thrown out of Mumbai theatre
National Honours Act
Section 3 of the Prevention of Insult to National Honour Act, 1971 states that whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance 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.
A logical interpretation of this Section implies that only those who “intentionally prevent” or “cause disturbance” to the singing of the National Anthem are liable to be prosecuted under the Act.
Karan Johar Vs Union of India
The Supreme Court has said that the audience in cinema houses need not stand up when the national anthem is sung as part of a movie. Disposing of an appeal by producer-director of the film 'Kabhi Khushi Kabhi Gham' Karan Johar against the Madhya Pradesh High Court order directing the deletion of the national anthem from the film, the court said the audience was not expected to stand up when the national anthem was a part of a running news reel, documentary or movie
Home Ministry directive
This is what the Ministry of Home Affairs says regarding Orders relating to the National Anthem of India, 'Whenever the Anthem is sung or played, the audience shall stand to attention. However, when in the course of a newsreel or documentary the Anthem is played as a part of the film, it is not expected of the audience to stand as standing is bound to interrupt the exhibition of the film and would create disorder and confusion rather than add to the dignity of the Anthem.'
Case against Lalu Yadav
In an earlier case in 2002, the opposition in Bihar had filed a case of disrespect to national honour against Lalu Prasad Yadav and Rabri Devi, as they did not stand up for the National Anthem during the Republic Day celebrations. The court dismissed the case, and stressed the point that it is not a criminal offence.
