Landmark Cases on National Flag and National Anthem
Landmark Cases on National Flag
S. R. Bommai v. Union of India (1994)
Issue: Although primarily about federalism, the Supreme Court in this case discussed the importance of respecting the National Flag.
Significance: The Court emphasized that desecration or disrespect to the National Flag is unconstitutional and undermines the unity and integrity of the nation.
Bijoe Emmanuel v. State of Kerala (1986)
Facts: The case involved three students who refused to sing the National Anthem on religious grounds.
Outcome: Though related to the anthem, this case also touched on respect to national symbols including the flag.
Significance: The Court protected freedom of conscience under Article 25 but reaffirmed respect for national symbols.
Shyam Narayan Chouksey v. Union of India (1986)
Issue: This case dealt with desecration of the National Flag.
Outcome: The Supreme Court held that the National Flag deserves respect and that desecration is an offense under the Prevention of Insults to National Honour Act, 1971.
Landmark Cases on National Anthem
Bijoe Emmanuel v. State of Kerala (1986)
Facts: Three children were expelled for not singing the National Anthem in school due to religious beliefs.
Decision: The Supreme Court held that forcing children to sing the anthem violated their fundamental rights under Articles 19(1)(a) (freedom of speech) and 25 (freedom of religion).
Significance: It established that respect for the anthem must be voluntary and that constitutional rights cannot be overridden.
S. Khushboo v. Kanniammal (2010)
While primarily about obscenity laws, the Court also affirmed respect for national symbols including the anthem.
It reiterated that disrespect to the anthem can be penalized under the Prevention of Insults to National Honour Act.
MK Stalin v. Union of India (2023) [Recent case]
The Madras High Court ruled that standing for the National Anthem is not mandatory.
Emphasized voluntary respect and personal freedoms in line with constitutional rights.
Summary:
Respect for the National Flag and National Anthem is constitutionally important.
Compulsory actions related to the anthem or flag can violate fundamental rights.
Desecration or insult is punishable under the Prevention of Insults to National Honour Act, 1971.
Courts balance national pride with individual rights to freedom of conscience and expression.
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