Court case(1986) 3 SCC 615

Three children of the Jehovah's Witnesses faith, Bijoe, Binu Mol and Bindu Emmanuel, stood respectfully during the national anthem at their Kerala school but did not sing it, because their faith forbids singing any anthem or prayer other than to Jehovah. After a legislator's complaint, the headmistress expelled them on the instructions of the authorities. The Kerala High Court rejected their challenge, holding that the anthem contained nothing offensive to any religion.

Chinnappa Reddy J allowed the appeal. No law obliged anyone to sing the national anthem; the Kerala Education Department's circulars had no statutory force and could not restrict a fundamental right, which under Article 19(2) can be curtailed only by 'law'. Section 3 of the Prevention of Insults to National Honour Act 1971 punishes preventing the singing of the anthem or causing disturbance to an assembly singing it; standing respectfully in silence does neither. The right to freedom of speech includes the right not to speak. On Article 25, the question is not whether the belief appeals to reason but whether it is genuinely and conscientiously held; the Jehovah's Witnesses' belief was sincere and worldwide. 'Our tradition teaches tolerance; our philosophy preaches tolerance; our Constitution practises tolerance; let us not dilute it.'