The Hindu : Opinion / Editorials : RULES FOR THE FLAG

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Tuesday, Sep 21, 2004

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RULES FOR THE FLAG

THE SUPREME COURT'S suggestion that there should be a proper national flag code implies that it would like to take a second look at the rules that apply to the display of the tricolour. The Court, which was hearing a public interest litigation about the alleged misuse of the flag by Bharatiya Janata Party leader Uma Bharti, also said it would consider framing the relevant guidelines. This raises the question: do we need more rules to regulate the use of the tricolour than we have already? The display of the Indian national flag is governed by the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971. The Flag Code of India encompasses these laws as well as conventions and practices relating to the display of the tricolour. The Code prescribes punishment for those who burn, mutilate, deface, defile, disfigure, destroy or trample upon the tricolour in a public place or in public view. However, it also prescribes punishments (a maximum imprisonment of three years, fine or both) for showing "disrespect" to the flag, an offence that includes all manner of things, from using it "as a portion of costume or uniform" through printing it on "cushions, handkerchiefs or napkins" to using it as "covering for a statue" and allowing it to "touch the ground" or "trail in water."

The apex court's refusal to entertain the petition unless it was amended — on the ground that it specifically targeted a politician while excusing other general violators such as models draping themselves in the tricolour or cricket fans waving flags — suggests that it is in favour of an even stricter characterisation of what constitutes disrespect to the tricolour. It is one thing to prevent the flag from being put to political misuse but should we be concerned about such things as cricket fans waving flags or painting the tricolour on their faces? Does it automatically follow that a model who drapes a flag around herself is being contemptuous of the tiranga? It can be argued that such displays of the flag are a symbolic way of expressing love for one's country. If new rules are framed to deter "dishonouring" the flag, they should make a firm distinction between well-intentioned displays of the tricolour and those that constitute disrespect.

It was only two years ago that the Flag Code was amended in a manner that helped to strengthen the feeling that the tricolour belonged to all Indians. Earlier, the public was allowed to fly the flag only on designated days such as Independence Day, Republic Day, and Mahatma Gandhi's birthday. At the same time, the Flag Code's provisions permitted Government offices, the residences of certain VIPs and even their motor cars to be adorned with the tricolour, an anomaly that strengthened the image of the flag as a symbol of governmental power and authority. The liberalisation of the Code was a result of the writ petition filed by a Delhi-based industrialist who challenged the restraint on his right to fly the flag (the police had ordered him to remove the tricolour that flew atop his office building). The Delhi High Court ruled that flying the flag is a fundamental right and the Supreme Court followed by recommending the setting up of a committee to examine the question of liberalising the Flag Code, and this provided the basis for its amendment in 2002. After everyone has been given the right to fly the flag, it will be ironic if rules are framed to restrict Indians from using the tricolour to express their national identity or their affection for the country.

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