Naveen Jindal praises Government’s decision on latest amendment to Flag Code
By Swagatika Bhutia
Bhubaneswar, Aug. 2: President, Flag Foundation of India, shri Naveen Jindal welcomed the latest Amendment to the Flag Code of India 2002 . With the latest amendment , a common citizen can Hoist and unfurl the National flag 24 hours a day (Day & Night) at their homes and office locations. Earlier, in 2009, the government had permitted the tricolor can be flown day and night at various places only if it was on “giant flagpoles” after Naveen Jindal had given a representation to the government.
Mr. Naveen Jindal, President, Flag Foundation of India tweeted that “This is a very progressive decision. This amendment to the Flag Code of India, will definitely encourage more and more people to display the Tiranga with dignity and pride on all days of the year and will also give a boost to the #HarGharTiranga campaign”. Jai Hind.
It has been Shri Naveen Jindal’s dream to see the Tiranga reach every house in the country and he has appealed to the people to display it with pride and take inspiration from our Tiranga.
Successive Governments have time and again amended the rules to ensure the Flag reaches more and more people—- allowing people to wear the flag, allowing monumental flags, recent amendment in the Flag code for cloth material and now this amendment to fly the flag 24 hours. Flag foundation of India has given representations and written letters to MHA asking for the same and today , it is indeed a proud moment for each one of us.
The national flag used to be flown on the Government buildings only until former Member of Parliament Naveen Jindal raised the issue of why it cannot be raised and displayed with due respect in our homes. His struggle for the Tricolour began in early 1992 when he hoisted a tricolor at his plant in Raigarh. The then Commissioner of Bilaspur objected to it on the ground that as per the Flag Code of India, a private citizen was not permitted to fly the Indian flag except on certain days. Sh. Jindal filed a petition before the High Court arguing that no law could forbid Indian citizens from flying the national flag.
The High Court allowed the petition and held that the Flag Code of India was not a valid restriction on the right to freedom of expression under Article 19 of the Indian Constitution. The Union of India filed an appeal against this decision to the Supreme Court on whether citizens were free to fly the national flag was only a policy decision, and could not be subject to court interference.
The matter then came up for hearing before the Supreme Court which observed that prima facie they see no reason why citizens cannot express patriotism by displaying the national flag. The court also observed that restrictions on flying the national flag only on certain days by private citizens seemed unsustainable.
The Supreme Court on 23 January 2004 dismissed Civil Appeal No. 2920 of 1996 arising out of SLP No. 1888 of 1996 filed by the Union of India against the judgment and order dates 22 September 1995 of Delhi High Court and held that flying the national flag was a symbol of expression that came within the right to freedom of expression under Article 19(1)(a) of the Constitution.
