Question:
In which case Supreme Court decided that not singing of National Anthem cannot be considered its disrespect or offence?
(A) Bijoe Emmanuel case
(B) Braj Bhushan case
(C) Maneka Gandhi case
(D) M.C. Mittal case
(A) Bijoe Emmanuel case
The Supreme Court decided that respectfully standing up for the National Anthem without singing it does not constitute disrespect or an offense in the landmark 1986 case of Bijoe Emmanuel & Ors vs. State of Kerala & Ors.1
Case Background
This case, famously known as the “National Anthem Case,” involved three children belonging to the Jehovah’s Witnesses faith.2 They were expelled from their school in Kerala for not singing the national anthem, “Jana Gana Mana.”3 The children would stand respectfully during the anthem but refrained from singing because their religious beliefs forbid them from participating in any rituals or singing anthems directed to a secular entity.4
The Supreme Court’s Ruling
The Supreme Court overturned the Kerala High Court’s decision and ruled in favor of the children. The Court held that:
- Freedom of Religion (Article 25): The children’s refusal to sing was based on their genuinely held religious beliefs, which are protected under the Constitution.5
- Freedom of Expression (Article 19): The right to freedom of speech and expression also includes the freedom to remain silent.
- No Disrespect Shown: By standing respectfully, the children were not showing any disrespect.6 The Prevention of Insults to National Honour Act, 1971, penalizes intentionally preventing the singing of the anthem or causing a disturbance to an assembly engaged in such singing, neither of which occurred.7
The Court concluded that compelling the children to sing the anthem would be a violation of their fundamental rights.8
Other Cases Mentioned
- Braj Bhushan case (1950): A landmark case on freedom of the press, which struck down pre-censorship of a newspaper.
- Maneka Gandhi case (1978): A pivotal case that widely expanded the interpretation of the ‘Right to Life and Personal Liberty’ under Article 21.
- M.C. Mehta cases: M.C. Mehta is a prominent environmental lawyer, and his numerous cases have shaped environmental jurisprudence in India, particularly concerning pollution and conservation.9