Mumbai: A family in Kurla was asked to leave a movie theatre on Saturday after they remained seated while the national anthem was being played.
The family also reportedly argued with the crowd that they were within their rights to not stand during national anthem but they eventually left as some of the audiences were relentless.
But the real question arises is it against law if a man chooses not to stand during national anthem.
According to the Prevention of Insults to National Honour Act 1971 in Section 3, "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 is not mentioned that one must stand during the national anthem.
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So, one cannot disturb the people who are paying respect to the National Anthem, but can choose to withdraw peacefully.
According to the report published in TOI, Iqbal Chagla, the senior advocate said, “It's not an offence; there is no act which says you must stand".
On the other hand, the Ministry of Home Affairs' orders states that, "Whenever the anthem is sung or played, the audience shall stand to attention." But it cannot be legally forced.
"The Guidelines from the home ministry are not legislation. They just serve as an advisory role," Chagla added.
“There is not such compulsion for theatres to play the National Anthem, as there was no such directive from the government or its resolution. It just resulted from political pressure," said a government official to TOI.
In Mumbai and Maharashtra, the playing of the national anthem was revived back in theatres on Republic Day in 2003.
