CASE COMMENTARY ON BIJOE EMMANUEL AND ORS VERSUS STATE OF KERALA AND ORS

AUTHOR – SNIGDHA PRIYA & UJJAWAL KUMAR, STUDENTS AT CENTRAL UNIVERSITY OF SOUTH BIHAR

Best Citation – SNIGDHA PRIYA & UJJAWAL KUMAR, CASE COMMENTARY ON BIJOE EMMANUEL AND ORS VERSUS STATE OF KERALA AND ORS, Voice of Freedom and Rights, 1 (1) of 2023, Pg. 86-99, ISBN – 978-81-961120-1-1.

ABSTRACT

The National Anthem of any country is considered of a great importance. India’s National Anthem ‘Jana Gana Mana’ reflects its history, traditions and composite culture. It highlights the national heritage of India, demonstrates patriotism and loyalty to the country. The National Anthem is played during schools’ morning assembly, cultural programmes, and in inauguration of programs and events. Showing disrespect towards the National Anthem is considered as an unpatriotic act. The Prevention of Insults to National Honour Act, 1960 prohibits the same and lays down punishment for such acts. This Article has assessed the landmark judgment of the Supreme Court, namely, Bijoe Emmanuel and Ors. v. State of Kerala and ors. This case is also famously known as ‘National Anthem Case’. The case involves a conflict between patriotism and the freedom of religious conscience.  In this case, the Apex Court recognized that the negative of a Fundamental right is also protected under the Constitution and as such upheld the right to remain silent is also a fundamental right protected under Article 19 (1) (a) which provides for  “Freedom of Speech and Expression”.

KEYWORDS: : Jehovah’s Witnesses, Article 19(1)(a), Article 25(1), right to remain silent, Prevention of Insults to National Honour Act, 1971, Departmental instructions