New Delhi: India is commemorating the 75 years of its Independence, and the citizens are being encouraged to bring the “Tiranga” home and raise it atop their residences and businesses. The “Har Ghar Tiranga” campaign was started by Prime Minister Narendra Modi to instill a sense of pride among Indians. However, it wasn’t always like this.
Before 2004, it was illegal for the citizens to fly the national flag at their residences or other locations. Only government buildings were permitted to fly or display the national flag, it was illegal for a regular citizen to do so. The Flag Code, published by the Ministry of Home Affairs, set forth rules for the display of the Tricolour.
Regular citizens now have the basic right to fly the national flag thanks to an incident that occurred in Raigarh, Madhya Pradesh, in 1994.
Naveen Jindal’s Efforts
At his industrial location in Raigarh in September 1994, Naveen Jindal, who was then the joint managing director of Jindal Strips Limited, raised the national flag. To his acute dismay, he was informed by government representatives that it was illegal for a regular citizen to fly the national flag and that doing so was punishable by law.
In 1995, Naveen Jindal decided to go before a judge as a result of this incident. He said that government representatives should be prevented from interfering with his freedom to respectfully fly the National Flag on his property.
Jindal sought permission from the Supreme Court and the Delhi High Court for normal citizens to fly the national flag. Jindal connected fundamental right Article 19 (Right to free speech and expression) with his right to fly the national flag.
He claimed that the restriction placed on him as a result of the Flag Code violates his fundamental right, which is protected by Article 19 (1)(a) of the Constitution. All citizens are guaranteed the freedom of speech and expression under this article, and the restriction imposed by the Flag Code is not justifiable as defined by the Constitution.
The Apex Court on January 23, 2004, held that the “right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiments of pride for the nation.”
