Cutting tricolour cake not an insult to national flag, says HC

Cutting tricolour cake not an insult to national flag, says HC

TIMES NEWS NETWORK

Chennai:23.03.2021 

Cutting and consuming a cake with the icing of Indian National Flag would not amount to insult to the National Flag, Madras high court has clarified.

“…there is no doubt that nationalism in a democracy like India is very vital. But hyper and surfeit adherence to it goes against the prosperity of our nation from all its past glory,” Justice N Anand Venkatesh said.

"A patriot is not one who only raises the flag, symbolises his national pride and wears it on his sleeve, but also a person who bats for good governance. The symbolisation of national pride is not synonymous with patriotism, just like how cutting a cake is not unpatriotic,” the court added. Justice Anand Venkatesh made the clarification while setting aside an order passed by a Coimbatore judicial magistrate directing registration of FIR against organisers of a Christmas celebration where a cake bearing the tricolour was cut.

“For proper understanding, let us take a hypothetical case where there is widespread participation in an Independence Day or Republic Day celebrations. During such celebrations, the participants are provided with a national flag to be worn by them. After the participants leave the venue on completion of the celebrations, they do not continue to possess this flag forever, and it becomes part of any other wastepaper,” the court said.

The judge added, “Will this mean that each of the participants has insulted the national flag and should be proceeded against under the Prevention of Insults to National Honour Act? The obvious answer is ‘no’. If people can give such broad meaning to the word ‘insult’, many will become uncomfortable and hesitant to handle the national flag,” the court said.

“If people can give such broad meaning to the word ‘insult’, many will become uncomfortable and hesitant to handle the national flag,” the court said