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This is an archive article published on September 18, 2004

Centre gets SC notice on misuse of Tricolour

The Supreme Court today issued notice to the Centre on a petition which sought formulation of a comprehensive code to prevent abuse of the T...

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The Supreme Court today issued notice to the Centre on a petition which sought formulation of a comprehensive code to prevent abuse of the Tricolour.

A bench comprising Justice N. Santosh Hegde and Justice S.B. Sinha ordered the issuance of the notice after ensuring that the petitioner had complied with its direction on Monday to amend the plea by deleting BJP leader Uma Bharati’s name from it.

Under the garb of the freedom granted to individuals in the Flag Code of India, 2002, an attempt is being made to misuse the Triclour for partisan political gains. Fashion shows, sports events are also misusing the national flag, the petitioner, Seema Nair, contended.

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As the issue is of great national importance, it needs closer scrutiny to ensure that the right conferred on all citizens to hoist the national flag is not misused, Nair added.

Unless the scope of the right is defined, the misuse of the national flag would create a situation where people look at the national flag with fear instead of pride, the petitioner said.

Moreover, the unrestricted use of the Tricolour may result in indiscriminate use of it in processions, meetings and political rallies. The national flag could be used with flags of political parties, giving an impression that it is part of a particular party’s campaign, Nair added.

The Tricolour should not be permitted to be used as a tool to intimidate certain sections of our country by threatening to trespass into their places of worship under the guise of the right, the petitioner submitted.

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