Disabled people need not stand for national anthem, says Supreme Court

18.04.2017
The Supreme Court today exempted disabled persons from standing during playing of the national anthem before screening of a film.

The disabled category includes people suffering from cerebral palsy, Parkinson disease, muscular dystrophy and other categories of disability.

"Having heard learned counsel for the parties, we are inclined to modify the orders and direct that the persons who are wheel chair users, those with autism, persons suffering from cerebral palsy, multiple disabilities, Parkinson's disease, multiple sclerosis, leprosy cured, muscular dystrophy and deaf and blind be treated not to be within the ambit of the orders passed by this Court. As far as the other categories, which we have not referred to mentioned in the application, are concerned, the same may be considered by the Union of India", said the Bench.

The Centre had earlier submitted before the court that the home ministry on the directions of the court has issued guidelines on how people with disabilities can show respect when the national anthem is being played in movie halls or public functions, saying they should not move and position themselves "maintaining the maximum possible alertness physically".

In November the apex court had made it mandatory to play national anthem in movie halls before every screening with the image of the national flag displayed on the screen. Delivering the order, the SC had observed that standing up for the national anthem in movie halls will "instill a sense of committed patriotism and nationalism" in people's minds.

It had later clarified people need not stand up if the national anthem was played as part of the film.

The verdict had however resulted in cases of disabled people being attacked by fellow moviegoers for not standing up for the national anthem. In a number of cases, people with disabilities and those with small children and elderly people also faced the wrath of the people trying to enforce patriotism.

Meanwhile, the SC also issued a notice to the Centre on Tuesday over a plea that sought to make the singing of 'Vande Mataram' essential in all educational institutions. The court has asked the Central government to respond to the plea within four weeks.