S.S.

JAIN SUBODH LAW COLLEGE

[SESSION 2021 - 2022]

CASE ANALYSIS

SHYAM NARAYAN CHOUKSEY VS UNION OF INDIA(2018)

Submitted To : Submitted By :

Ms. Daminee Ma’am Rahul Saini

Date of Submission :

Roll No. : 26 B
 Case Name :
Shyam Narayan chouksey v/s union of india (2018) 2 SCC 574

Bench : Division Bench (CJI Deepak Mishra, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud)

Judgment Date : 9 January 2018.

Introduction : The case Shyam Narayan Chouksey vs. Union of India is all about to respect the National
Anthem. This is a landmark case which deals with the respect to the National Anthem. It mentions that what
is done and what not to be done while playing National Anthem. In this the petitioner takes the case to the
court and asked the court that what is to be done and what not to be done while playing or singing National
Anthem. The court passed an order in which they said that it is compulsory for all the cinema halls to play
National Anthem before the movie starts and it is also compulsory for all the people who are inside the
theatre to stand while the National Anthem Played. The court made it compulsory for all the citizens to stand
while the National Anthem is played to respect the National Anthem but it is their choice to sing National
Anthem or not. The court did not make any compulsion to sing the National Anthem.

 Background : The case Shyam Narayan Chouksey vs. Union of India brought a storm in the social media about
how to respect and disrespect the National Anthem. In this case the court passed a new order in which it is said
that it is mandatory for all the cinema halls to play the National Anthem before the screening of every movie.
The court made it mandatory for all the citizens to stand when the National Anthem is played in order to
respect it but the court did not force anyone to sing the National Anthem. The case which are related to this
case are Bijoe Emmanuel vs. State of Kerala it was held the there were three students who were restricted
from school because while playing National Anthem in school they did not sing it. In this the Kerala Education
of 1958 was violated by those students. They refused to sing National Anthem because it was against their
religion and if they sing National Anthem their Right to Religion was violated. The supreme court in this case
passed an order saying that those threw students were not guilty for disrespecting the National Anthem as
they have only refused to sing the National Anthem. They have not disrespected the National Anthem by not
standing, when the National Anthem is played those three student stand to give respect to National Anthem.
There was another case in which Shyam Narayan Chouksey filed the petition in the Madhya Pradesh High Court
accusing the producer Karan Johar for disrespecting the National Anthem in his movie. Shyam Narayan
Chouksey complained that Karan Johar in his movie disrespect National Anthem by playing it in a low light.
Further he also stated the people who are in the hall watching the movie did not stand when the National
 Anthem was played. The petitioner Shyam Narayan Chouksey filed a case in the Madhya Pradesh High Court it
is the disrespectful nature towards the National Anthem and it must be made mandatory for all the citizens to
stand when the National Anthem was played to respect it. The Madhya Pradesh High Court in its order stated
that the movie was withdrawn from all the theatres until and unless the producer-director Karan Johar edits
that particular scene.

 Facts Of The Case : This case is related to that what is to be done and what is not to be done to respect the
National Anthem. In this case the petitioner under Article 32 of the Indian Constitution moved to the
Supreme Court t to ask that what is to be done and what not to be done to respect National Anthem. The
case also deals with what constitutes respect and disrespect to the National Anthem i.e. what is to be done
when the National Anthem is played or sung.

 ISSUE RAISED-
1. What constitutes the respect and disrespect to the National Anthem under Section 3 of The Prevention of
Insults to National Honour Act, 1971.
2. Are the arguments made by the Attorney General of India applicable to disabled people of India within the
ambit of Section 2(i) and 2(t) of the Persons with Disabilities Act, 1995?
3. And whether the National Song and National Flag are also regarded as the symbol of a secular nation under
Article 51(A) of the constitution of India and what else comes under such symbols.

 Important Provisions :

1. Article 32 in The Constitution of India 1949.

2. Article 51(A) in The Constitution of India 1949.

3. Section 3 National Honor Act 1971.

 Petitioner’s Arguments : The petitioner Shyam Narayan Chouksey under Article 32 Of the India Constitution
approached the court to issue the writ of mandamus and understand what disrespect is to the National
Anthem. After the notice was issued the Attorney General of India Mr. Mukul Rohtagi came into the case and
passed an order with some rules which must be followed by each and every citizen of India.

1. National Anthem must not be displayed or printed in any way which might bring disrespect to its status.
2. All the cinema halls or theatres must play National Anthem before the movie starts and it is compulsory for
all the citizens who were inside the theatre to stand when the National Anthem was played to show respect
to it.
3. While playing the National Anthem in the cinema halls, all the entry and exit doors of the hall must be closed.
This ensures no disturbance to give respect the National Anthem.
4. While playing the National Anthe in the cinema halls the National Flag should be on the screen to respect
National Anthem.
5. The short or mixed version of National Anthem must not be played.

6. No dramatization of the National Anthem

Then two applications were filed to recall the order which was passed by the Attorney General of India, which
questioned about that how the people who are physically disabled or physically challenged can show respect
to the National Anthem in the theatres. To which the Attorney General of India submitted certain guidelines
for the physically disabled people, in his guidelines he said that the person who is physically disabled does not
need to stand up when the National Anthem was played in the cinema halls but they have to show conduct
which must show respect to the National Anthem.
Then the applications were filed in the court relating to difficulties faced by the physically challenged people
on 14th February 2017. The court appointed learned counsel Mr. Sidharth Luthra who looked upon the
matter. The learned counsel Mr. Sidharth Luthra said that the people who are physically disabled are not
expected to stand when the National Anthem was played in the cinema halls or theatres before the starting
of the movie. Mr. Abhinav Shrivastava who is a learned counsel appearing for the petitioner raised
contentions:

7. Article 51 A of the Indian Constitution states that every citizen of India should respect the constitution of
India and its National Flag and National Anthem.
8. The prevention of Insults to National Honour Act 1971 section 3 deals with playing and singing of the National
Anthem but does not deal with that how respect should be shown to National Anthem.
9. The order which was passed by the court should be recalled and the changes must be made. The order which
was passed on 30 November 2016 should be modified and after modification it was said that it is not
compulsory for the cinema halls or theatres to play the National Anthem before the playing of any movie. It is
optional for the cinema halls to play National Anthem before playing the movie.
 RESPONDENT’S ARGUMENTS:
 A. K.K. Venugopal, learned Attorney General, contented that till the formulation of further executive instructions,
the mandatory order passed by this Court for playing/singing of the National Anthem before starting of feature
films in cinema halls may be modified by making it directory.

B.. Various other intervening senior counsels held that in the absence of any laws this court should not make the
playing of the national anthem in cinema halls mandatory and even if citizens are obliged to show respect cinema
halls are not the appropriate place.

 Judgement : Showing respect to the National Symbols like National Anthem and National Flag is the duty of
every citizen of India under article 51(A) of the India Constitution and promotes a sense of nationalism among
the public. The case Shyam Narayan Chouksey vs. Union of India revolves around respecting the National
Anthem when it was played in the movie halls before screening of the movie. The case revolves around that
what is to be done and what not to be done to respect the National Anthem. The judgment of this case was
delivered by Learned CJI Deepak Mishra on 9th January 2018. The Hon’ble Supreme Court stated that every
citizen of India should show respect to the National Anthem and National Flag, however cinema halls or
theaters are not the right place to play the National Anthem as the people come here to enjoy an for their
entertainment. However the Supreme Court of India stated that it is no compulsory for the cinema halls or
theatres to play National Anthem before screening of the movie. However, when the National Anthem is
played or sung, the citizens of India are bound to show respect to it.

 Analysis Of Judgement : The Supreme Court of India judged a very important and landmark case on 9th
January 2018 which is popularly known as the Shyam Narayan Chouksey vs. Union of India case, which
involves that what is to be done to show respect to the National Anthem. This case is very important as it
deals with the issue of National Anthem as what is to be done to give respect to the National Anthem. The
case was judged on the basis of facts, merits and evidences with taking care of each minute details
regarding what constitutes disrespect to the National Anthem. This case is dealt with that what is to be
done to respect the National Anthem. This case mainly revolves around the standing of the citizens while
the National Anthem is played in the cinema halls or theatres before screening of the movie. This case was
judged appropriately and it poses a question that whether the National Symbols are respected by every
citizen of India in the way they should be or the essence of National Symbols is not clear to the citizens of
India and taken for granted.

 CONCLUSION: The case is important in the history of India as it inculcates a proper sense of paying respect to
the National Anthem. National Anthem is the national symbol representing the nation along with the national
flag and the constitution of India. These symbols are the pride of the nation and any disrespect towards them
becomes a matter of grave concern for any nation. Respect towards national symbols is the very basic duty of
every person as a citizen of India under Article 51 (A) and promotes a sense of unity, oneness and nationalism
among the public.