Law and Society

Law llbBIJOE EMMANUEL & OTHERS v. STATE OF KERALA AND OTHERS BENCH: Justice O. Chinnappa Reddy and M.M. Dutt CITATION: 1987 AIR 748, 1986 SCR (3) 518 FACTS: Date of alleged offence: July 8, 1985 Offenders: Bijoe Emmanuel (aged 15), Binu Mol (aged 13) and Bindu (aged 10) Alleged to be offence: Disrespecting the National Anthem. All in attendance were required to stand and sing the national anthem but they refused to sing, while having stood, as they claimed to indicate respect. Reason given: The followers of Jehovah’s Witnesses sect worship only Jehovah – the Creator. They believed that singing “Jana Gana Mana” the National Anthem of a country would constitute a form of idolatry and an act of unfaithfulness to their God. Matter impugned: The expulsion of the children (the appellants) on the instructions of Deputy Inspector of Schools. The Head Mistress expelled the children from the school from July 26, 1985 onwards. The father of the children made representations requesting that his children may be permitted to attend the school pending orders from the Government. No fruitful outcome. WRIT PETITION BEFORE THE HIGH COURT OF KERALA On failure of petitions before the Government by the father of the appellants, they filed a writ petition before the the High Court of Kerala (W.A. No. 483 of 1985). The HC of Kerala considered the matter at hand considered that the addition of the Article 51A of the Constitution (Fundamental Duties) showed clearly that all rights must; “…therefore subserve the sovereignty, integrity and unity of this great nation. It should be remembered that every citizen is a member of the political society for the well-being of which, the people of this country gave the Constitution unto themselves and therefore the mere possession of religious convictions which run counter to the relevant concern of the political society, does not absolve the citizen from his political responsibility. To maintain the national unity and integrity and thereby uphold...