![]() ![]() A cinema club in Kerala (whose film festival was required to comply with the order, leading to several arrests) challenged the order as an infringement of their fundamental rights, arguing that cinemas were 'singularly unsuited for the gravitas and sobriety that must accompany the playing of the national anthem', and that the films screened would often 'be at odds with sentiments of national respect'. On 10 February 2017, two Kashmiri citizens (which included an employee of the state government) were arrested under the for not standing during the anthem at a cinema, in the first such arrest of its kind made by a state government, and other incidents of violent outbreaks associated with. The order was controversial, as it was argued that that patrons who chose not to participate would be targeted and singled out (as was the case in an incident publicized in 2015, which purported to show a group of patrons (identified by the uploader as allegedly being Muslims) being heckled by other patrons for not standing during the anthem. Standing up respectfully when the National Anthem is sung but not singing oneself clearly does not either prevent the singing of the National Anthem or cause disturbance to an assembly engaged in such singing so as to constitute the offence mentioned in s. ![]() It will not be right to say that disrespect is shown by not joining in the singing. ![]() Proper respect is shown to the National Anthem by standing up when the National Anthem is sung. The Supreme Court observed in its ruling that 'There is no provision of law which obliges anyone to sing the National Anthem nor is it disrespectful to the National Anthem if a person who stands up respectfully when the National Anthem is sung does not join the singing. 'Our personal views and reactions are irrelevant.' The Supreme Court affirmed the principle that it is not for a secular judge to sit in judgment on the correctness of a religious belief. On 11 August 1986, the reversed the High Court and ruled that the High Court had misdirected itself because the question is not whether a particular religious belief or practice appeals to our reason or sentiment but whether the belief is genuinely and conscientiously held as part of the profession or practice of a religion. ![]()
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