Cutting cake with Tricolour design not an offence: Madras HC

Cutting a cake that has the Tricolour and Ashoka Chakra design on it is neither unpatriotic nor an insult, the Madras High Court ruled on Monday.

The court was hearing a plea filed by D Senthilkumar alleging that cutting a cake that carried a representation of the Tricolour amounted to an offence under the Prevention of Insults to National Honour Act, 1971.

At a public function celebrating Christmas on December 25, 2013, in Coimbatore, a cake measuring 6 ft. in length and 5 ft in breadth, the icing on which carried a tri-colour with Indian map outline and Ashoka Chakra in the centre, was allegedly cut. It was distributed and consumed by the special guests and about 2,500 participants including 1000 children. Then Coimbatore district Collector and a DCP also took part in the celebration.

Contending that this amounted to disrespecting the national flag and is an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971 (Section 2 penalises an insult to Indian Flag and Constitution of India with imprisonment up to 3 years or a fine or both), D Senthilkumar of Hindu Public Party, lodged a police complaint.

Justice N Anand Venkatesh, while quashing the criminal proceedings said, "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… A patriot is not one who only raises the flag, symbolises his national pride and wear 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 Flag Code does provide a mechanism to destroy flags in private, in a manner consistent with the dignity of the Flag, and as a responsible citizen, it should be followed in letter and spirit. Not all will be aware of this procedure, and therefore, that by itself will not make them susceptible to committing an offence under Section 2 of the Act," the order said.

It further said that many people will become uncomfortable handling the Tricolour if ‘insult’ is accorded a broader definition.

Source: indianexpress.com, barandbench.com

Written by Siddhant Sharma