Eminent lawyers condemn gross violation of Flag Code in Silchar, Point to Lack of Awareness

India – the largest democracy on earth is celebrating Republic Day and the National Flag is being unfurled throughout the nation. ‘The Prevention of Insults to National Honour Act, 1971’ and ‘Flag Code of India, 2002 [as amended in 2021 & 2022]’ govern the use/display of the National Flag.

Let’s list down some of the salient features of Flag Code of India.

• The Flag should not be flown from a single masthead simultaneously with any other flag or flags.
• The Flag should not be flown on any vehicle except of the dignitaries mentioned in Section IX of Part III of the Flag Code, such as President, Vice-President, Prime-Minister, Governors etc.
• No other flag or bunting should be placed higher than or above or side by side with the National Flag.

There are many other features and protocols, but for now, let’s stick to the three features mentioned above. Barak Bulletin correspondent took a ride in the town and captured the visuals put together in the video below. Silchar has become the hub of gross violation of the Flag Code that prohibits the insult to National Flag of the country.

Barak Bulletin reached out to three eminent lawyers of the district for their point of view through the lenses of the law of the land. Here is what they had to say. Edited Excerpts:

Advocate Santanu Naik

“Regardless of a person’s identity, status, or political affiliation, if anyone does something of this sort, there should be an investigation. No other flag can be at the same level as our National Flag; it is illegal. Placing a flag above the National Flag sends a message that their organization or views are above the nation. If done by the common man, they should know the basic etiquette around our national flag. Common people may not have any wrong intentions; it could be due to their lack of knowledge. If done by a political party or an educated person, it is a direct violation of our laws, and action should be taken against such violations.”

Advocate Soumen Choudhury

“India has its own flag, and on Republic Day, no other flag can be above the Indian National Flag. Anything like that is a clear violation of India’s law. Anyone doing so has violated their duties under Article 51A of the constitution. It is an offense against acts that protect the national flag and its emblem. This isn’t justified in any way. I will be reporting this to the DC.”

Advocate Dulal Mitra

“This is completely unacceptable. Nobody should ever place any flag above the flag of our nation. This is a clear-cut violation of the law and is totally not acceptable. Whoever did that has done something wrong. The possibility is that they don’t know what they have done. They may not be aware of the flag code, and more awareness on this is required for people to understand what is acceptable and what is not regarding our National Flag.”