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National Anthem:

(Querist) 03 September 2008 This query is : Resolved 
is it legal to punish a student who refused to sing National Anthem in the School, because his religion does not permit to sing such Anthem?
Manish Singh (Expert) 03 September 2008
Sir, I am not giving any opinion here but just putting forth my views.
Its our national anthem and it has nothing to do with any religion and whoever denies to sing the same is doing immense disrespect to our country and must be punished according to laws.
this practice should be done away with since these things create differences between we citizens.
those who refuse to sing are really not citizens of our country but thgey have some different things in their mind.
Manish Singh (Expert) 03 September 2008
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sarita (Expert) 03 September 2008
No, it is not legal to punish a student who refused to sing the national anthem due to his religious boundations.As in the case of Immanual v/s Kerela state, the court decided that no person can be forced to sing the national anthem if his religion doesn't allow him to do so.
N.K.Assumi (Querist) 04 September 2008
Dear Manish, I have to agree with Sarita. Yes, sometimes our emotions get clouded with reasons of the Law. Tanx Sarita.
kumar sachin (Expert) 04 September 2008
well punishment is not legal but in my view one should only see the national anthem in terms of giving respect to our nation and should never connect it with any religion.
Adv.Shine Thomas (Expert) 08 September 2008
In this case they did not commit any offence under the Prevention of Insults to National Honour Act,1971,because they stood up respectfully when the National Anthem was being sung.In this case it was held that the children's expulsion from the school was a violation of their fundamental right under Art.19(1)(a)[Bijoe Emmanuel vs.State of Kerala,(1986)3SCC 615]
SANJAY DIXIT (Expert) 08 September 2008
I agree with the views made by Mr Manish. He has given only his personal views in this regard & I concur with the views made by him. Our Nation is much more above than our Religions.


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