SC: Dis­abled Per­sons may choose not to stand when Na­tional An­them is be­ing played

Libertatem Magazine - - Contents - by Jane Maria

The Supreme Court had made it manda­tory for the Na­tional An­them to be played in the cin­ema halls be­fore each film show starts. The Court, by the or­der of 30th Novem­ber, 2016, had is­sued guide­lines in the in­ter­locu­tory or­der as to how this rule ought to be fol­lowed. Ev­ery ci­ti­zen should manda­to­rily stand for the Na­tional An­them. The theatre doors must re­main closed dur­ing that time to pre­vent any per­son from walk­ing in or ex­it­ing dur­ing that time. No short form of the Na­tional An­them must be played. Thus, many such guide­lines were is­sued by the Supreme Court to pre­vent any sort of mis­con­duct to­wards the An­them in two in­terim or­ders which was is­sued on 30th Novem­ber, 2016 and 9th De­cem­ber, 2016.

Facts :

Nev­er­the­less, on be­half of the Na­tional Plat­form for the Rights of the Dis­abled, an ap­pli­ca­tion was filed be­fore this court to ex­empt the dis­abled from the purview of the or­der on 30th Novem­ber, 2016 and 9th De­cem­ber, 2016. It is quite in­hu­man to ex­pect the dis­abled per­sons to abide by the guide­lines is­sued es­pec­tially when it re­quires to stand up dur­ing the time of the An­them.

Is­sue

Should the in­terim or­der of the Supreme Court re­gard­ing the Na­tional An­them be bind­ing on the per­sons with dis­abil­i­ties?

Judg­ment :

The Supreme Court re­al­iz­ing the ne­ces­sity to at­tend to their spe­cific sit­u­a­tion, or­dered an ex­emp­tion to the dis­abled per­sons in the in­terim or­der is­sued on 18th April, 2017.

The Supreme Court charted out the fol­low­ing in­fir­mi­ties to be treated as dis­abil­ity for the re­quire­ment :

1. Wheel Chair Users – can be cere­bral palsy, Parkin­sons, Mul­ti­ple sclero­sis, Mus­cu­lar dys­tro­phy or other con­di­tions

2. Autism

3. Cere­bral Palsy

4. In­tel­lec­tual Dis­abil­i­ties

5. Men­tal Ill­ness

6. Deaf Blind

7. Mul­ti­ple Dis­abil­i­ties

8. Parkin­sons, Mul­ti­ple Sclero­sis

9. Lep­rosy Cured

10. Mus­cu­lar Dys­tro­phy

Any per­son who is af­fected by the afore­men­tioned dis­abil­i­ties need not be re­strained by the hard-and-fast read­ing of the rules is­sued on 30th Novem­ber, 2016. They are ex­empted from the or­ders of the court in re­la­tion to the Na­tional An­them in cin­ema halls which were is­sued on 30th Novem­ber, 2016 and 9th De­cem­ber, 2016.

Learn­ing out­come:

The dis­abled per­sons are not li­able to stand up while the Na­tional An­them is be­ing played in the the­atres.

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