Indian Nationalism Goes to the Movies

Amid rising Hindu nationalism, the Supreme Court of India has ordered theaters to play the national anthem before films and directed moviegoers to stand at attention -- no excuses. The Indian Constitution is a wonder of the world, but this decision undercuts free-speech and individual rights at a moment when the country can ill-afford it. The court, which has the final word in interpreting the constitution, can still reverse itself. And it should, because the court’s job is to protect rights, not to impose duties and obligations when the legislature has not done so.

The case arose in a petition by an individual, Shyam Narayan Chouksey, complaining that the national anthem is sometimes sung in circumstances that lead to its disrespect. Chouksey is an otherwise obscure, 76-year-old self-described activist from Bhopal. He explained his motivation by saying that 13 years ago, he was upset when he was the only person in the theater standing when the national anthem was played during a popular movie, “Kabhi Khushi Kabhi Gham.”