NOT SINGING OR STANDING UP FOR THE NATIONAL ANTHEM IS NOT ADHERENCE TO THE FUNDAMENTAL DUTIES BUT NOT AN OFFENCE - J&K HC

A single-judge bench comprising of Justice Sanjeev Kumar of the Jammu & Kashmir HC, while quashing an FIR against a college lecturer, held that not singing or standing up for the National Anthem may amount to disrespect to the National Anthem and a failure to adhere to fundamental duties of the Constitution of India but is not an offence under the Prevention of Insult to National Honour Act, 1971.

The Court was hearing a petition seeking quashing of an FIR registered against the petitioner who has been working as a Lecturer in a Government Degree College. The Petition was lodged after a group of students held a demonstration and wrote a written complaint to the SDM against the lecturer for allegedly not showing respect to the National Anthem during the college celebration of the surgical strike conducted by the Indian Army against the neighbouring Country.

The Court further observed that "it is crystal clear after reading section 3, that intentional preventing or causing disturbance to any assembly engaged in the singing of the Indian National Anthem is made punishable with imprisonment up to three years, or with fine, or with both".

Mere disrespect to Indian National Anthem is not an offence. It is an offence only if the conduct of a person leads to preventing or creating disruption or disturbance to any assembly engaged in singing.

Author: Papiha Ghoshal