llContext: Tamil Nadu Governor R.N. Ravi exited the Legislative Assembly without delivering his opening address for the first session of the year, citing the absence of the National Anthem before his speech. In the previous year, he had also declined to read his address.
What is the practice followed in the TN Legislative Assembly during and after the Governor’s address?
• Governor’s Address Tradition: The established protocol in Tamil Nadu involves the Tamil Thai Vaazhthu (state anthem) being sung at the start of the Governor’s address, followed by the National Anthem at the conclusion. This custom was introduced in July 1991 during Jayalalithaa’s tenure as Chief Minister under the AIADMK government.
• Recent Event: Governor R.N. Ravi left the Assembly without delivering his speech, stating that only the state anthem was played upon his arrival, while the National Anthem was omitted. He viewed this as a breach of respect for both the Constitution and the National Anthem.
Is singing the National Anthem mandatory on certain occasions?
• Constitutional Responsibility: Article 51(A)(a) of the Constitution emphasizes the importance of respecting the National Anthem as a fundamental duty for all citizens. However, it does not mandate its singing or playing on specific occasions.
• Official Guidelines: The Ministry of Home Affairs’ directives outline events where the National Anthem must be played, including civil and military ceremonies, parades, the arrival or departure of the President or Governor, and official State functions.
• Judicial Interpretations: Courts have affirmed that while the National Anthem warrants respect, its playing or singing is not compulsory unless explicitly required. For example, the Supreme Court clarified that playing the anthem during cinema screenings is encouraged but not mandatory.
Can punishment be imposed if it isn’t played at official functions?
• Legal Framework: The Prevention of Insults to National Honour Act, 1971, penalizes intentional acts of insult or contempt toward the National Anthem with imprisonment of up to three years, a fine, or both.
• No Penalty for Omission: Failing to sing or play the anthem does not result in punishment unless it is a deliberate act of disrespect.
• Relevant Legal Precedent: In 2019, the Madras High Court rejected a petition that sought penalties for not playing the National Anthem at an official event, emphasizing that there is no legal obligation to enforce its playing or singing in every situation.
Why does the government make the national anthem on major government occasions?
• Promoting Unity and National Pride:Incorporating the National Anthem at key government functions fosters a shared sense of identity, unity, and patriotism among citizens. It acts as a powerful symbol of national values and aspirations, bridging regional, linguistic, and cultural divides.
• Upholding Constitutional Principles: Requiring the playing of the National Anthem reflects the spirit of Article 51(A)(a) of the Constitution, which emphasizes the fundamental duty of citizens to honor the anthem.
• Its presence at prominent events highlights the significance of national symbols and encourages a culture of respect and responsibility in public affairs.
Way forward:
Implement Standardized Guidelines: The government should introduce clear and consistent protocols for playing the National Anthem during official functions to eliminate ambiguity and ensure uniform practices across institutions and states.
Encourage Awareness and Appreciation: Launch educational initiatives highlighting the importance of the National Anthem as a symbol of unity, fostering voluntary respect and participation while avoiding coercion or disputes.
