CUTTING CAKE WITH A TRICOLOR MAP AND ASHOKA CHAKRA DESIGNS IS NOT UNPATRIOTIC OR AN INSULT - MADRAS HC

22nd March 2021

Madras HC quashed a criminal proceeding by a Magistrate over a cake cutting incident that occurred in 2013. The Madras HC observed cutting the cake with a tricolour map, and the Ashoka Chakra design is not unpatriotic or an insult. "The symbolisation of national pride is not synonymous with patriotism, just like how cutting a cake is not unpatriotic."

Background

A 6x5 feet cake with a tricolour Indian Map and Ashoka Chakra was cut on a Christmas day Event in 2013. The event was attended by the District Collector of Coimbatore, various religious leaders, Deputy commissioner of police, and NGO members. One, D Senthilkumar filed a complaint representation of the Indian National Flag on the cake and cutting the same amount to offence u/s 2 of the Prevention of Insults to National Honor Act, 1971.

Observation

While considering other such case laws, Justice Venkatesh opined that patriotism is not determined by the physical act but by the intention behind the Act. The person who attended the function is unlikely to bring down the national pride by cutting the cake. Hence, it does not make out an offence under Section 2 of the Act.

The Court proceeded to quash the criminal proceeding.

Author: Papiha Ghoshal

PC: Lawtraction India