The Supreme Court somewhat redeemed itself on Tuesday by ruling that the playing of the national anthem before the screening of films was now not mandatory. Gripped by patriotic fervour earlier, on November 30, 2016, it had ordered the compulsory playing of the anthem.
Using astonishing language, a bench of Justices Dipak Misra — before his elevation as Chief Justice of India — and Amitava Roy had asked cinemas across the country to play the national anthem and directed that all present “must stand up in respect”. This was done to “instil a sense of committed patriotism and nationalism”.
What led to such an order? All we know is that events in the country were far from propitious about then. Following student disturbances at a national university, the government had decreed that tanks be prominently parked at university campuses and the national flag, tailored to some fantastic dimensions, be hoisted at all universities.
The far-right pretended that it was the repository of patriotism and nationalistic values when, in truth, it had little to do even with the winning of independence from colonial rule or the making of our national flag. Its goons were all over the place — beating up even the elderly and disabled if they could not stand up at cinemas when the anthem played, and preaching a militaristic version of Hindu — not Indian — nationalism, with the support of a clutch of retired armed forces officers, who thumped their chests and twirled their moustaches on television in a craven show of sucking up to those in power.
Thank God, our Supreme Court judges at least had the good sense to see that their order had gone too far (not least given the context in which it was issued). In the course of a hearing on October 17, 2017, the bench of (now) Chief Justice Misra, A.M. Khanwilkar and D.Y. Chandrachud asked the Centre to take a call on the playing of the national anthem in public places and come out with rules in light of the national debate that followed the earlier court order.
Justice Chandrachud even hinted at a future modification when he observed during the hearing: “Why do people have to wear their patriotism on their sleeve?... People go to a movie theatre for undiluted entertainment...”
The government has literally bailed out the court by filing an affidavit on Monday, urging it to reconsider its 2016 order and saying that an inter-ministerial panel had been set up to frame rules concerning the playing of the national anthem. The following day the court grabbed the chance and ruled that revving up the national anthem before cinema shows was now not mandatory. It would have been more dignified if the Supreme Court reversed its earlier stance suo motu.
