Fan frenzy misuse of the tricolour

Discussion in 'Politics & Society' started by Ray, Sep 10, 2013.

  1. Ray

    Ray The Chairman Defence Professionals Moderator

    Apr 17, 2009
    Likes Received:
    Fan frenzy misuse of the tricolour

    Dhananjay Mahapatra TNN

    New Delhi: Does unbridled enthusiasm in using the national flag to express support for the Indian cricket team sometimes amount to a violation of the flag code The Supreme Court on Monday sought answers from the Centre and the Board of Control for Cricket in India about a few such instances brought to its notice.
    A bench of Chief Justice P Sathasivam and Justice Ranjana P Desai,hearing an appeal against an order of the Calcutta high court,weighed spectator enthusiasm versus dishonour of the national flag and asked the Centre,the BCCI,Cricket Association of Bengal,West Bengal government and Kolkata Police commissioner for their responses.
    Petitioner Kamal Dey had moved the Calcutta high court complaining of flag code violation and submitted photographs of spectators using the national flag as a turban,towel and displaying it in various ways during Indias Test match against England in Kolkata in December last year and again during the ODI between India and Pak-istan at the same venue on January 3 this year.




    SC unsure if flag displays by spectators violate code

    Kamal Dey found no support from the Calcutta high court,which dismissed his petition saying: Considering the event of national importance during cricket matches between India and England and India against Pakistan,the spectators were carrying the flag to mark their expression of Indian pride.Their intention was not to disrespect the same.
    It further observed: They have not used it as only a cloth to wrap the body,however while carrying it they might have unintentionally put it on shoulders etc.However,such an act in the facts and circumstances of the case cannot be treated as such amounting to deliberate disrespect in violation of Flag Code,2002 and the National Honour Act,1971.
    While entertaining Deys appeal against the HC order,justices Sathasivam and Desai asked: Suppose the flags are waved by the spectators who are in a good mood when India wins,will that also be in violation of the flag code
    Deys counsel drew the courts attention to photos where spectators were seen using the Tricolour as a towel and waving it upside down,both of which fall foul of the flag code and the 1971 law.
    The bench appeared to give some concession to the spectators and said: While entering the stadium,they may have put the national flag on the shoulders,should we take judicial notice of this What do you want,should they be punished for this
    But the petitioner produced a letter from the home ministry,which wrote to the West Bengal government,the BCCI president and the CAB president on December 31 last year directing them to comply with the provisions of the 1971 law and the flag code for the match between India and Pakistan.



    Does the manner in which we see the Tricolour being carried during the sports event, especially cricket, and the way it is sported on the body and elsewhere, constitute

    1. a misdemeanour legally?

    2. cause disrespect to the Tricolour since it can touch the ground or kept by the side with little care?

    It maybe said that when Colours were carried during battle, and the solider carrying the Colour was shot, before the Colour touched the ground, immediately another soldier took the Colour before it touched the ground!
    W.G.Ewald likes this.

Share This Page