Irish Patriot Daniel O'Connell, no man can be grateful at the cost of his
honor, no woman can be grateful at the cost of her chastity and no nation can be
grateful at the cost of its liberty.
- Farewell Speech by Dr B.R Ambedkar.
These lines are the milestone to be achieved for getting complete freedom with
honor in India. Freedom doesn't always signify physical confinement of an
individual to a place but it gives a feeling of liberty of thoughts, expression
and provide an ideology to believe, to follow for sake of nation first. National
flag and National Anthem are not merely a symbol of freedom but it's a feeling
of liberalization, honor, proud that we are citizen of this country and we
didn't just propose them but we have earned them.
It is necessary to know about the National Flag and National Anthem from their
initial adaptation so that we can know the value involved and propagate a
message of peace, love & sacrifices through them for our beloved country
India. Gandhi first proposed a flag to the Indian National Congress in
1921.The flag was designed by Pingali Venkayya. In the center was a traditional
spinning wheel, symbolizing Gandhi's goal of making Indians self-reliant by
fabricating their own clothing.
On July 22, 1947, the Constituent Assembly adopted it as Free India National
Flag. After the advent of Independence, the colors and their implication
remained the same. Only the Dharma Charkha of Emperor Asoka was adopted in place
of the spinning wheel as the emblem on the flag. Thus, the tricolor flag of the
Congress Party eventually became the tricolor flag of Independent India.
It will be necessary for us Indians Muslims, Christians Jews, Parsis, and all
others to whom India is their home-to recognize a common flag to live and to die
for. – Mahatma Gandhi .Essentially this was the only reason to adopt our
National Flag , beautifully explained by Gandhi.
The vital fact that yields from the history of adoption of National Flag is that
it was never only a symbol to represent Free India but it was always a symbol
of pride that represent our culture ,sacrifices of millions of people who die to
save its identity and honour .It is no doubt a kind of idolatry which would be a
complete sin to destroy.
Jana Gana Mana is the national anthem of India. It was originally composed as Bharoto Bhagya Bidhata in Bengali by
poet Rabindranath Tagore. It was first publicly sung on 27 December 1911 at
the Calcutta (now Kolkata) Session of the Indian National Congress. The national
anthem, like other national symbols of a country, represents the tradition,
history, identity and beliefs of a nation and its people.
Hence, it helps evoke feelings of patriotism among the country's citizens and
prompts them of their nation's glory, beauty, and rich heritage. It also helps
to bond the citizens of the country by one single song or music. It will be
justifiable to say that National Anthem of a country is not to be treated only
as a symbol or an identity of representation of a country.
Oneness among men, the advancement of unity in diversity -this has been the
core religion of India
-Rabindra Nath Tagore .
For this belief he shaped anthem that will unite people of India in a single
string of patriotism. During the performance of the national anthem, citizens of
a nation, despite their ethnic differences, rise up in unison and listen
attentively or sing the song with great enthusiasm. Players also feel a great
moment of pride when they receive a medal at an international sporting event
while their country's national anthem is played in the background. It gives them
a feeling of having made their country proud. Students who listen to the
national anthem in their schools learn to respect their nation and develop a
sense of unity among themselves.
National-flag is more than a piece of cloth. It is the most solemn and
constitutionally or traditionally authorized symbol of a country. It represents
the whole country, the entire nation, its ideals, hopes, aspirations and the
pride. People throughout the history of mankind have laid down life for their
National-flag, as it is the strongest patriotic symbol.
It purely depictable that National Flag and National Anthem is not merely a
symbol but much more than that. A sense of pride, aspirations, honor, sacrifices
and most prominently feeling of patriotism which every citizen of India transmit
within itself. It's our obligation to respect them not as symbol of protest only
but as a true Indian who holds the audacity of hope for a better Nation.
Every nation has its idiosyncratic political symbols. Most intellectuals agree
that nation need symbols but the reason for symbols being this important are
less obvious. If it were only the intellectual function of a symbol to identify
the nation, one might argue that political symbols are important and in common
usage, but not that they are irreplaceable. However, political symbols realize
much more on the emotional level than they achieve on the purely intellectual
level. The emotional function of political symbols emphasizes the state's
interest in their protection, and is thus of particular reputation to the
analysis of the flag decisions.
One can distinguish at least two functions political symbols fulfill on the
emotional level. These two functions are interrelated and influence each other,
but they also have own unique implications. First political symbols crystallize
the national identity by making tangible what would otherwise be difficult to
apprehend. They codify the subjective nature of the nation. The Nation is
invisible, it must be personified before it can be seen, symbolized before it
can be loved, imagined before it can be conceived. Symbols tell citizens who
they are, by demarcating what is authentically theirs from what is alien.
A symbol however has no intrinsic value in itself. Rather it is a sign, a
representation for something else. As a sign, a symbol gets filled with meaning
only by the meaning of the complex it represents. In a second related function,
national symbols create bonds between the citizens of a nation in that they have
The unifying power of a political symbol emerges from its usage. By uttering the
same cry, pronouncing the same word or performing the same gestures in regard to
these symbolic objects, individuals become and feel themselves to be in unison.
However, national symbols can only display their unifying power when a community
If the acceptance rate is too low, symbols lose their unifying value. The flag
makes the functions of political symbols apparent. The flag serves as an
apprehensible sign to identify the nation. In itself, it is only a piece of
cloth, but by a shared understanding the flag identifies the nation. Displaying
the flag unites those who share the values represented by the flag.
The citizens become aware of their unison, the community created by the symbol
and what it represents. The question of the functions of symbols leads to the
question of the state's interests in the protection of these symbols. As the
state can demand respect for its symbols and not for the ideas and values they
represent, it has to justify why it nevertheless intends to outlaw certain forms
of disrespect of its political symbols.
The justification lies in the emotional functions of political symbols.
Considering these various emotional functions state cannot only claim an
interest in the protection of its symbols for their own sake. The state is more
likely to claim an interest in preserving the emotional functions of symbols. In
fact, the emotional functions of political symbols underlie most of the various
arguments stated in the flag controversies.
The difficulty with symbols as a protest is with its history, and history can't
be changed in instant of a time by any amount of logical reason or by simply a
good will. Policies, Government may change but history is always with us ,
within us and pulling it up by its root invariably means by only digging deeper
than we expect .As we all seen in history that such type of digging will only
result in bloodshed than reform.
We have our legal rights to protest, to condemn in democratic form of government
but by doing so we reduce the values of Nation for the other people who believe
in future of a Nation for their hope, pride and sacrifices of their ancestors.
Flag and Anthem are active symbols of protest for raising and lowering daily. The
Prevention of Insult to National Honour Act, 1971
Section-5 of this Act
was made and in the law itself it states-National Honour
Honour can't be a concern for an individual only or his perspective towards them
.Use of National flag for protest or deny to stand for National anthem will be
an insult to all the freedom fighters, social workers, framers of Constitution,
people of India who worked with their flesh and blood to give a meaning to our
Nation. Its only about the patriotism to feel inside our heart not to carry
everywhere as a symbol. Every citizen of India has a foremost duty to protect
the honor of their Nation and to flourish the message of brotherhood & love.
In Naveen Jindal (Petitioner) case
, who was the Joint Managing
Director of a factory, whose office premises had been flying the national flag
of India. Government officials did not permit him to do this, citing the Flag
Code of India. Mr. Jindal filed a petition before the High Court arguing that no
law could forbid Indian citizens from flying the national flag and, furthermore,
the Flag Code of India was only a set of executive instructions from the
Government of India and therefore not law.
The High Court allowed the petition and held that the Flag Code of India was not
a valid restriction on the right to freedom of expression under Article 19 of
the Indian Constitution. The High Court observed that, according to Article
19(2), the only valid limitations on this right were those that were contained
in statute. In cases concerning the regulation of the flying of the national
flag, such limitations could be found in the Emblems and Names (Prevention of
Improper Use) Act 1950 or the Prevention of Insults to National Honor Act 1971.
Naveen Jindal established Flag Foundation Of India when SC in his case gave
judgement in favour of him that National Flag can be hoisted all day of year by
every Indians. This shows the pride and honor what Naveen Jindal felt at that
time and not merely by looking at it as a symbol. So do all Indians must feel
for their Nation.
In July 1985, Emmanuel vs. State of Kerala case
-three children were
expelled from their school after they refused to sing the national anthem of
India Jana Gana Mana.
While they silently stood during the morning
assembly of the school, they objected to singing the anthem because it was
allegedly against their religious faith of Jehovah's Witnesses.
The Supreme Court of India found that the expulsion of school children for not
singing the national anthem constituted a violation of their right to freedom of
The decision stated:
To compel each and every pupil to join in the singing of the National Anthem
despite his genuine, conscientious religious objection..would clearly contravene
the rights guaranteed by Art. 19(1)(a) and Art. 25(1) [of the Constitution of
Only by standing for National Anthem, they have shown respect for their Nation
so there is nothing to questioned their patriotism and Nation as well respect
their personal religious value for not singing contradictory to their believes
Recently government ordered to play National Anthem in all theaters before
playing movies all over India. Some people find it as a pressure to impose such
patriotic feeling and some find in other way. To treat them as a symbol ,it will
always be difficult to appreciate such kind of orders to follow but when we
actually feel the proud , pride and love of our Nation then these kind of law
gives us an opportunity to express our feelings.
Sometime we may feel to express but most of us can't find time to do them ,in a
way sense of patriotism will always be ignited by such way. Its nothing wrong
to stand for 2 min for sake of our Nation when can spend couple of hours for our
entertainment. 2 min for those soldiers, freedom fighters and most importantly
for our children. Children will learn the same sense of patriotic feeling for
their Nation when they grew up because it come to their habit and do more for
their Nation's development and growth.
Patriotism means to stand by country. It doesn't mean to stand by government.
– Theodore Roosevelt.
Promptly construing above thoughts, we can say that what we do to show our
feeling, pride is towards the Nation not towards some government or orders pass
From the above arguments it can be clearly opined that national anthem and
national flag is not only a symbol to protest but it is a symbol of pride,
Honour, respect for Nation and its people. And as a citizen of India its our
responsibility to preserve that Honour for the National Anthem and National
- Union Of India v. Naveen Jindal & Anr 1996 AIR 2004 SC 1559 (CJI ,V.N
- Emmanuel & Ors v. State of Kerala 1987 AIR 748 (J,Reddy O Chinnappa)