Recently, the Executive Magistrate in Srinagar detained and imprisoned 11 men who allegedly failed to rise for the National Anthem at an event attended by the J&K Lt Governor. The Order pointed out that there was a high probability for them to disrupt peace and public tranquillity were they to be released. They were “bound down” under CrPC sections 107/151 for maintaining good behaviour. Legally speaking, to be “bound down” means the accused are obligated to appear before the tribunal on a set date, either by personal guarantee or surety.
Understanding the Role of Executive Magistrates
The CrPC differentiates magistrates into two categories – Executive Magistrates and Judicial Magistrates. The relationship between the two is directed by Section 3(4) of the CrPC. An Executive Magistrate is an officer from the Executive branch with powers under both the Indian Penal Code and the Criminal Procedure Code. Appointed by state governments, their responsibility usually lies in maintaining law and order and performing administrative functions. Conversely, Judicial Magistrates pronounce verdicts involving punishments, fines, or detention as they review evidence during the investigative process. It is important to note that Judicial Magistrates are under the direct control of High Courts.
About CrPC Sections 107 and 151
Section 107 of CrPC entails that if an Executive Magistrate receives information suggesting any person has or is likely to disrupt the peace or public tranquillity, they may require such a person to show cause why they should not be asked to execute a bond for keeping the peace. Section 151 of the CrPC, on the other hand, provides for the arrest to prevent commission of cognisable offences. Under this section, a police officer who learns of individuals planning to commit such offences can arrest them without a warrant or Magistrate orders.
National Anthem of India: Its Origin and Evolution
The National Anthem of India, one of the national symbols of the country, was composed by Rabindranath Tagore. The anthem demonstrates patriotism and loyalty to the country and its national heritage. Tagore performed the anthem for the first time on December 27, 1911, during an INC session in Calcutta. The anthem ‘Bharoto Bhagyo Bidhata’ was later translated and edited as ‘Jana Gana Mana’ and was adopted as the national anthem on January 24, 1950.
Safeguards for Honouring the National Anthem
Article 51(A) makes it a fundamental duty for every Indian citizen to uphold the values and institutions of the Constitution, including the National Flag and the National Anthem. Additionally, the Prevention of Insults to National Honour Act, 1971 stipulates punishment for disrespecting the national anthem. According to this Act, anyone found guilty could face imprisonment of up to 3 years or a fine or both.
Supreme Court Judgements and Views Regarding National Anthem
The Supreme Court has issued key judgements around the respect of the National Anthem. In the case of Bijoe Emmanuel & Ors vs State of Kerala & Ors (1986), the Court ruled that forcing individuals to sing the national anthem violated their fundamental right to freedom of religion. Later, in Shyam Narayan Chouksey vs Union of India (2018), the Court modified its earlier order, declaring that playing the National Anthem before films in cinema halls was not compulsory, but optional.
UPSC Civil Services Examination Question
In prior UPSC Civil Services Examination, a question related to the National Anthem was posed. The query was about Rabindranath Tagore translating the National Anthem from Bengali to English in Madanapalle of Andhra Pradesh which is indeed a fact.