Cutting cake with tricolor and Ashoka chakra is not an insult: Madras High Court

The Madras High Court passed an important order on 22 March. According to the Bar and Bench, the court said that cutting the cake designed by the tricolor and the Ashoka Chakra is not ‘unpatriotic’ and also an ‘insult’ under the Prevention of Insult to National Pride Act, 1971.

The Madras High Court had heard the petition of a person named D Senthilkumar. Senthilkumar had alleged that cutting a cake resembling the tricolor was an offense under section 2 of the Prevention of Insult to National Pride Act, 1971. Section 2 can carry up to 3 years in jail or a fine or both in case of tricolor and insult to the constitution.

What was the case?

In 2013, a 6 × 5 feet tricolor and Ashoka Chakra-designed cake was cut during a Christmas event and it was eaten by more than 2500 people. Coimbatore District Collector, Deputy Commissioner of Police, many religious leaders and NGO members attended this event. Senthilkumar had complained in this case.

On 22 March 2021, Justice N Anand Venkatesh, in his order, quashed the criminal proceedings, saying, “There is no doubt that in a democracy like India, nationalism is necessary. But doing more and more can go against the prosperity of our country.” “

“A patriot is not the one who hoists the flag and shows his national pride. A patriot is also one who advocates good governance. The use of national pride cannot be patriotic, just as cutting a cake cannot be unpatriotic. “

What did the court say?

The Madras High Court also referred to Rabindranath Tagore’s sentence while talking about nationalism: “Nationalism cannot be our last spiritual shelter: my shelter is humanity. I will not buy the glass at the cost of a hero, and as long as I am alive, I will give nationalism I will never let humanity win over me. “

The High Court said that those who took part in the 2013 event did not insult nationalism in any way.

“Will he be proud to be a part of this great country or is India’s pride now just a cake cutting?”

The court said that if the definition of ‘insult’ is enlarged, people will be uncomfortable in catching the tricolor.