http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 16

PETITIONER:

BIJOE EMMANUEL & ORS.

Vs.

RESPONDENT:

STATE OF KERALA & ORS.

DATE OF JUDGMENT11/08/1986

BENCH:

REDDY, O. CHINNAPPA (J)

BENCH:

REDDY, O. CHINNAPPA (J)

DUTT, M.M. (J)

CITATION:

1987 AIR 748 1986 SCR (3) 518

1986 SCC (3) 615 JT 1986 115

1986 SCALE (2)217

CITATOR INFO :

RF 1988 SC1208 (25)

ACT:

Constitution of India, Art. 19(1)(a) and 25(1)-National

Anthem-Singing of-Compulsion despite genuine conscientious

religious objection -Whether contravenesy Fundamental

Rights.

Prevention of Insult to National Honour Act, 1960, s.3-

National Anthem-Singing of-Refusal on genuine conscientious

religious faith-Whether offence committed.

Kerala Education Act, 1959 read with the Kerala

Education Rules, 1959, s. 36, Chapter IX Rule 6-National

Anthem . Singing of-Refusal by school pupils on genuine

conscientious religious faith-Whether misconduct entitling

censure suspension dismissal of pupil.

HEADNOTE:

The appellants-three children belong to a sect called

Jehovah’s Witnesses who worship only Jehovah-the Creator and

none other. They refused to sing the National Anthem: ’Jana

Gana Mana’ because, according to them, it is against the

tenets of their religious faith-not the words or the

thoughts of the National Anthem-but the singing of it.

They desisted from actual singing only because of their

aforesaid honest belief and conviction but they used to

stand up in respectful silence daily, during the morning

assembly when the National Anthem was sung.

A Commission was appointed to enquire and report, and

it reported that the children were "law abiding" and that

they showed no disrespect to the National Anthem. However,

under the instructions of Deputy Inspector of Schools, the

Head Mistress expelled the appellants from school from July

26, 1985.

A representation by the father of the children to the

Education Authorities requesting that the children may be

permitted to attend the

519

school pending orders from the Government having failed, the

appellants filed a Writ Petition in the High Court seeking

an order restraining the authorities from preventing them

from attending the school. A single Judge and then a

http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 2 of 16

Division Bench rejected the prayer of the appellants.

Allowing the appeal by Special Leave, to this Court,

^

HELD: 1.1. The Fundamental Rights of the appellants

under Art. 19(1)(a) and 25(1) have been infringed and they

are entitled to be protected. The expulsion of the three

children from the school for the reason that because of

their conscientiously held religious faith, they do not join

the singing of the National Anthem in the morning assembly

though they do stand respectfully when the National Anthem

is sung, is a violation of the fundamental right to freedom

of conscience and freely to profess, practice and propagate

religion. Therefore, the judgment of the High Court is set

aside and the respondent authorities are directed to re-

admit the children into the school, to permit them to pursue

their studies without hindrance and to facilitate the

pursuit of their studies by giving them the necessary

facilities. [538D-E; 539-C-D]

1.2 There is no provision of law which obliges anyone

to sing the National Anthem nor is it disrespectful to the

National Anthem if a person who stands up respectfully when

the National Anthem is sung does not join the singing.

Proper respect is shown to the National Anthem by standing

up when the National Anthem is sung. It will not be right to

say that disrespect is shown by not joining in the singing.

Standing up respectfully when the National Anthem is sung

but not singing oneself clearly does not either prevent the

singing of the National Anthem or ca