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  Where do we stand

Where do we stand

AGE CORRESPONDENT
Published : Dec 1, 2015, 10:18 pm IST
Updated : Dec 1, 2015, 10:18 pm IST

The national anthem is not to be taken lightly, as the crowd in a city multiplex made it amply clear when they ousted a family for not standing while it was being played.

Representational image
 Representational image

The national anthem is not to be taken lightly, as the crowd in a city multiplex made it amply clear when they ousted a family for not standing while it was being played. The incident took place on Friday and since then there have been a plethora of opinions on whether or not it is compulsory to stand during the national anthem, is the act of standing up supposed to be a sign of respect or patriotism or a mere courtesy and how must one deal with those who don’t conform to the practice. As far as the law goes, there is a law to punish those who prevent the singing of the national anthem, but no clear rule makes it compulsory for one to stand while it is being played.

Interestingly, when and how the practice came about still seems to be a grey area. There appears to be multiple versions of the history of playing the national anthem in movie theatres. Some theories stretch as far back as into the era of the British Raj or the Indo-China or the Indo-Pak war. The practice was discontinued for several decades before the government of Maharashtra revived it in 2003. We gleaned some insights from historians, theatre owners, industry insiders and legal experts.

The Law Section III of the prevention of insults to national honour act, 1971, 1971 states “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.”

The govt has not forced us: Nitin Datar President Cinema Owners and Exhibitors Association of India. (Mumbai Chapter) As per my knowledge, the government has not forced the owners or the exhibitors to play the national anthem. We do it out of our own will. There was only a circular issued by the Maharashtra government that gave us the permission to do so. It is up to the discretion of the owner to play or not play the national anthem. Previously, I don't remember the exact year, it was made compulsory by the state government to play the national anthem at the end of the film screening. It proved difficult for the doorkeepers to control the crowds who would always be in a hurry to walk out immediately after the film ended. So the compulsion was withdrawn.

How did it all start Alyque Padamsee, theatre artist This started with the British Raj. In Bombay (as it used to be called then) before the start of a movie they used to play God Save the Queen. The practice stopped post Independence. A few years ago someone from the political circles decided to bring the national anthem back. There is a certain kind of emotion attached to the song, you listen to it, and you feel good. If you feel strongly about it, you stand up but at the same time I have seen people who are old and are not comfortable in standing up, they don’t. Freedom of speech is very important. Some people are not comfortable with public display of loyalty, but that is the essence of democracy — one can agree to disagree.

Anil Dharker, writer As far as I remember, it was during one of those wars — either the Sino-Indian War (1962) or the Indo-Pak War (1971) when the movie theatres began to play the national anthem. When wars happen, countries often incite patriotism through such practices. That was discontinued and in 2003, the Maharashtra government reintroduced it in the theatres. I personally feel it is absolutely unnecessary because people come to the theatres for entertainment, and by playing it before every show is in a way trivialising the anthem. In my opinion, it should be reserved for special occasions. However, when it is being played, one should stand up and show respect. But if someone chooses not to, then it’s best to ignore.

Nazir Hoosein, owner, Liberty Cinema The practice of playing the national anthem has been going on since many years now. We received a letter from the government about 10 years ago issuing an order for the same.

Legal eagles Flavia Agnes, legal scholar, women’s rights activist I don't know where did this practice originate. It was on for a few years, and then it stopped and was revived again in 2003. There are certain norms in the constitution about respecting national symbols - like not throw national flags around. But I don't think it is compulsory to stand while the national anthem is being played. Of course you are not allowed to disrespect it. In this case the crowd shouldn't have behaved the way they did. They should have approached the cops, if they thought it was offensive.

Justice B. N. Srikrishna There is an act in the constitution that deals with disrespect to national anthem, but only when it is played in a formal setup, such as the President's function, or a government function. The Home Ministry issued a circular in this regard, where it is an offense to disturb a meeting where a national anthem is being played, but there is no order, which says that a person will be penalised or thrown behind bars for not standing up for the national anthem. It is a mere courtesy — would a girl object to a man not standing and greeting her It is only an offense when someone does something that is against the law.

To stand or not to stand Urmi Juvekar, screenwriter and documentary filmmaker associated with the NFDC There are occasions wherein the national anthem is woven into the narrative of the film. For example, there is a wonderful sequence in the Marathi film Fandri where the national anthem is played. Those are meant to evoke emotion and fervour and I remember that the entire hall clapped when the anthem was played. However, when it is done before a movie in a cinema hall, it is a different matter. Although that is also intended to evoke fervour, it is a rule and there are certain protocols that you have to follow when the anthem is being played. Having agreed to a contract with society, you have to abide its rules even if it bothers you. Take the red light at signals for example. You don't like it but that doesn't mean you don't have to stop at it. If you want to protest against rules you find bothersome, there are other ways. You can approach the court, file an RTI for why it’s done and so on. But not standing up is not an option. Shanta Gokhale, historian and author As far as I know, playing the national anthem in movie theatres is quite a recent phenomenon and definitely has a political impetus. I think this must have stemmed from a certain revival of nationalism, because in our days we took it for granted that everyone is a patriot. But now it seems there is a trend of wearing patriotism on your sleeve. All over the world we will find conscientious objectors, who might not stand up-they might have the idea that borders are politically motivated and the main reason behind wars. I personally don't have a problem to stand up during our national anthem, but if someone doesn't, I don't feel offended. They are exercising their personal choice. However, if it comes under a law, which I am not aware of, then someone who disobeys is liable to be punished.

Nandini Sardesai, sociologist, member, CBFC I know for a fact that this rule is not there in Goa, not so sure about the rest of the country, or rest of Maharashtra for that matter. It is a state government's dictate and if they have introduced something of this kind, then we might as well follow. Not everything needs to be written down on paper, but there are certain social conventions and etiquettes. There's a reason why everyone needs to stand in attention, and though the incident is unfortunate, it was a mob mentality and I'm quite sure that I myself would have had said a few words if I had seen someone not respecting our national anthem.

States where National Anthem is played before movies:

Maharashtra Kerala Gujarat (optional) Other cities where it is practised:

Veeresh Cinemas in Bengaluru made it a voluntary practise to play the National Anthem before every show.

Big Cinemas in New Delhi played the anthem before shows on some days this year in the run up to the Independence day.

A cinema multiplex in Panipat which played the national anthem before shows discontinued the practise after it was reportedly issued a notice by the district administration ordering it to do so.

Few theatres in Chennai, including AVM Rajeshwari Cinemas play the national anthem before shows voluntarily.

Cinepolis Ahmedabad initiated the practise but discontinued soon after, as it was only made mandatory for open air events.