Cutting a cake with a Tricolour or Ashoka Chakra designed on it does not amount to an unpatriotic act or an insult under the Prevention of Insults to National Honour Act, 1971, the Madras High Court ruled on March 22.
Quashing a magistrate’s direction to take punitive action against those cutting cakes appearing like the tricolour, Justice N Anand Venkatesh said that such “hyper and surfeit nationalism goes against the prosperity of our nation,” reported the Bar and Bench.
The Madras High Court said: “A patriot is not one who only raises the flag, symbolises his national pride and wear it on his sleeve, but also, a person who bats for good governance. The symbolisation of national pride is not synonymous with patriotism, just like how cutting a cake is not unpatriotic.”
The court further observed: “Patriotism is not determined by a gross physical act” and said that the intention behind the act must be taken into consideration while passing a judgment.
Justice Venkatesh said people will become hesitant to handle the national flag if such a broad meaning is given to the word ‘insult’.
The court was hearing a plea filed by D Senthilkumar, who had objected to a cake iced with a tricoloured outline and the Ashoka Chakra at the centre being cut on Christmas Day back in 2013.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
