On the exuberant occasion of India's 76th Independence Day, the 'Har Ghar Tiranga' initiative made its mark highly. With more than 30 crore flags sold generating revenue of nearly 500 crore, the more specific aim of the initiative held under 'Azadi Ka Amrit Mahotsav' programme was to generate collective feeling of patrotism and togetherness in every household and make everyone a part of the celebration.

This much appriciated initiative however was possible as a result of a lesser-known fact. The right of citizens to hoist the Tricolour was not always provided, it was earned via a decade long legal battle.

Hoisting of Flag is exercising Fundamental Right of Freedom of Expression and Speech

In 1995, Naveen Jindal (Industrialist and Chancellor of OP Gindal Global University) was prevented from flying the National Flag at the office premises of his factory. Prohibition was imposed invoking Regulation 13 of the Flag Code which provided that the Indian Flag could not be used for "commercial purposes" as the same was in violation of the emblem and Names (Prevention of Improper Use) Act, 1950.

This was challenged by him in Delhi High Court. During the hearing it was argued that Jindal had hoisted the National Flag in his factory premises, which amounted to using the flag for commercial purposes.

Jindal submitted that the restriction contained in the Flag Code, India restricting flying of the National Flag by private citizens was 'illegal and invalid'.

The High Court ruled in his favour and opined that a person flying the National Flag in a respectful manner couldn't be prohibited from doing so on the basis of instructions contained in the Flag Code, India when no law of the land was infringed.

"Petitioner wishes to fly the National Flag in a respectful manner and he cannot be prohibited from doing that on the basis of instructions contained in the Flag Code - India when no law of the land is infringed", the High Court held.

In appeal against the above, the Supreme Court in 2004 came to recognize the fundamental right to hoist flag. (Union of India Vs. Naveen Jindal & Anr, 2004 Latest Caselaw 43 SC).

"Right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiments of pride for the nation", the Apex Court ruled.

However, while doing so, the Court imposed reasonable restriction under clause 2 of Article 19(1)(a) and noted that so long as the expression (of flying a flag) is confined to "nationalism, patriotism and love for motherland", the use of the National Flag by way of expression of those sentiments would be a fundamental right.

"The pride of a person involved in flying the Flag is the pride to be an Indian and that, thus, in all respects to it must be shown. The state may not tolerate even the slightest disrespect", the Court stated.

It was thus held that the Fundamental Right to fly National Flag is not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of Article 19 of the Constitution of India; The Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 regulate the use of the National Flag.

Singnificiantly, the Court also clarified that Flag Code is not a law within the meaning of Article 13(3)(a) of the Constitution of India and hence it could not restrict the the free exercise of the right of flying the national flag under Article 19(1)(a). However, the Flag Code will be followed to the extent it provides for preserving respect and dignity of the National Flag.

Mr. Jindal recently referred to himself as the 'Tiranga Crusador' while appreciating the current Modi-Govt for adapting the Flag Code in tune with the SC judgement and making appropriate amendments. Calling it as 'very progressive' decision, he also had backed the 'Har Ghar Trianga' initiative.

What should you do with the Tricolour after Independence Day?

The Tricolour should not be stored in a way that might dirty or damage it. In case your flag is damaged, the Flag Code instructs you not to cast it aside or treat it disrespectfully but “destroy it as a whole in private, preferably by burning or by any method consistent with the dignity of the flag”.

What is the punishment for disrespecting the flag?

According to Section 2 of the Prevention of Insults to National Honour Act, 1971, “whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag….shall be punished with imprisonment for a term which may extend to three years or with a fine, or with both”.

Read More Do's and Don'ts with National Flag @LatestLaws.com.

 

Picture Source :