Question Of Religious Beliefs And Disrespect To The National Anthem: A Case Brief Of Bijoe Emmanuel & Ors. V State Of Kerala & Ors. [1986] SCR (3) 518, [1987] Air 748
Rishabh Bhan Singh, Assistant Professor, Department of Law, Jaipur School of Law, Maharaj Vinayak Global University, Jaipur, Rajasthan, India
ABSTRACT
Standing up or not standing up during national anthem being played, reciting national anthem or staying silent, these have been matters of debate since long back. Section 3 of the Prevention of Insults to National Honour Act, 1971 says “Whoever intentionally prevents the singing of 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”. Whether the acts of not standing up or staying silent during national anthem constitute to become constitutionally unpatriotic. This question has become very important than ever. The Supreme Court of India has dealt with similar question around 35 years ago in Bijoe Emmanuel & Ors. v State of Kerala & Ors. The judgement gives a perfect balancing among national anthem, religious freedom and tolerance. The present case brief analyses the same case and attempts to answer the question of religious beliefs and patriotism.
Keywords: case brief, national anthem, religion, supreme court, tolerance
