The Madras High Court on Monday delivered a landmark judgment on the tricolor and the Ashok Chakra. The Supreme Court has ruled that cutting a cake designed by Triranga and Ashok Chakra is not an insult to the national flag. Cutting a cake made of triangular design under the National Honor Act 1971 is not an insult to the national flag. The court said this during a hearing on a petition filed by a man named de Senthil Kumar. Cutting this kind of cake was alleged to be a crime.
In his petition, Senthil Kumar alleged that it was a crime to do so under Section 2 of the National Honors Act, 1971. The Indian constitution provides for up to three years in prison or a fine or both.
On Christmas Eve 2013, Senthil Kumar complained of cutting a 6×5-foot-long tricolor design and distributing it to more than 2,500 guests. The event was also attended by the District Collector of Coimbatore, the Police Commission and other religious leaders and members of the private sector.
In his decision on Monday, Justice N Anand Venkatesh said there was no doubt that nationalism was very important in a democratic country like India. But strict observance separates the prosperity of our country from its past glory. A patriot is not the only one who hoists the national flag and wears it in his court. Patriotism cannot be a symbol of national pride. So cutting the cake in the shape of a national flag is no crime.
The court ruled that none of those involved in the 2013 ceremony had attempted to insult nationalism.
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