DISRESPECTING FLAG
If ignorance were an excuse, a person charged with criminal offences or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is.
The Court presumes that every party is aware of the law and hence cannot claim ignorance of the law as a defence to escape liability.
The danger of ignorance is that one can’t foresee what’s coming in his life, so when people acted upon the “Har Ghar Tiranga” campaign, through which the Union government urged people to hoist the national flag in their homes from August 13 to 15 to mark the 75th year of India’s independence.
Adv Anish Bakal
Noted Lawyer
As per the incident taken place at Ponda Goa for violation of the flag code whereby he has put up another flag above Indian flag has acted upon disrespectfully against the flag code which is punishable wherein no defense will hold to say children or housemaid did it in his absence.
The rule says that “No other flag or bunting shall be placed higher than or above or side by side with the National Flag; nor shall any object.
The rule of Law is that “ignorance of the law is no excuse” which means that people can’t defend their actions by claiming they didn’t know the law.
If ignorance were an excuse, a person charged with criminal offences or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is.
The Court presumes that every party is aware of the law and hence cannot claim ignorance of the law as a defence to escape liability.
The danger of ignorance is that one can’t foresee what’s coming in his life, so when people acted upon the “Har Ghar Tiranga” campaign, through which the Union government urged people to hoist the national flag in their homes from August 13 to 15 to mark the 75th year of India’s independence. As the campaign ends, those who displayed the Indian flag will begin to take them down after Independence Day. One must also know the consequences while acting upon it.
Every citizen of India must know The Flag Code of India, that a damaged or soiled national flag has to be destroyed “as a whole in private, preferably by burning or any other method considering the dignity of the National Flag.” Paper flags, mostly used by children, should not be discarded on the ground. How to hold and fold is also of utmost importance.
Citizens are allowed to display their nationalistic fervour by hoisting tricolours at home or carrying them in hand. But hoisting one at home or on private vehicles wrongly is an offence.
Example:
Having a service gun and keeping it loaded with bullets within reach of children at home and taking the plea that children, while playing, shot at others and died would be an offence no matter what the defence you take for trial.
Being Patriotic and not following the flag code will be punished for disrespecting it, no matter who and how it was done.
The best option is to avoid such danger. If you don’t know the pros and cons, then the question of not following proper norms would not arise.
