Hosting of other country Flag requirements to be fullfilled with statuatory authorities.

Vikram Chandra (Querist) 22 July 2008 This query is : Resolved
Sirs,

My client is a Corporate Hospital and some famous Doctors are visiting from different countires to my clients hospital as delegates to the seminar to be held and inview of the same my client's hospital want to put up different Flags of that respective countires like US, UK, Canada etc., on their Hospital to Honour a respect. Further, it seems a permission is required from the local police to host the Flags of other nations, but in my client's case the police officers are not allowing to put up the Flags in the above said context holding that my client's is only a Hospital and it is not any Government Authority to put up the Flags of various countires. Kindly advise on the above issue and the proper procedure established under law and which Act, Rule explains in detail that the police officers or any such competent authority can stop a private body/corporate/ individual to host the Flags of different countires and remedies thereof.

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KamalNayanSaxena (Expert) 23 July 2008
(i) 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 price for the nation;

(ii) The fundamental right to fly National Flag is not an absolute right but a qualified one being subject to reasonable restrictions under clause (2) of Article 19 of the Constitution of India;

(iii) The Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 regulate the use of the National Flag;

(iv) Flag Code although is not a law within the meaning of Article 13(3)(a) of the Constitution of India for the purpose of clause (2) of Article 19 thereof, it would not restrictively regulate the free exercise of the right of flying the National Flag. However, the Flag Code to the extent it provides for preserving respect and dignity of the National Flag the same deserves to be followed.

(v) For the purpose of interpretation of the constitutional scheme and for the purpose of maintaining a balance between the fundamental/legal rights of a citizen vis-a-vis, the regulatory measures/restrictions, both Parts IV and IVA of the Constitution of India can be taken recourse to.

KamalNayanSaxena (Expert) 23 July 2008

Vikram Chandra (Querist) 23 July 2008
Respected Saxena Sir,

I am very much thankful for your valuable advise. My query was regarding denying of permission by raising an objection by a police officer holding 'flying the other country's flag by a private individual/body corporate etc., cannot be allowed unless it is a Government Authority'. Now, what is the remedy for such an action of a police officer who is restraining my client by flying the flag of other nation / country at his business premises.

K.C.Suresh (Expert) 25 July 2008
Daer Vikram,
I feel that Your query must be answered in detail. So I have submitted an article today. please go thorugh that. Full text of the judgemnet of SC also is given.
Adv.K.C.Suresh