Indian flag may be a symbol of fan’s national pride, but one needs to exercise more caution

When India won the 2011 World Cup final, many players celebrated the victory by wearing the national flag on their shoulders and took a lap around the ground © Getty Images

The Supreme Court of India sent a notice to the Board of Control for Cricket in India (BCCI) as a few spectators allegedly disrespected the national flag at Eden Gardens, Kolkata last year. Nishad Pai Vaidya examines the importance of the flag to the fan and India’s strict laws on its main symbol.

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Any national sports team has the power to unite the masses in support of their cause. There is fervour and excitement whenever a team is successful or on the brink of history — with waves of patriotism inevitably sweeping the nation. Through that, the crowds want a symbol to signify their support and express their passion. More often than not, it is the national flag which is the most identifiable and accepted symbol. After all, it does represent the country everywhere — be it the United Nations, an international conference or a packed sporting arena.

However, a sporting arena is a turf where decorum isn’t the easiest to maintain. The crowds can either get carried away in the euphoria of victory or vent their fury due to defeat. At times, the national flag may bear the brunt of those moments. In a country like India — where the Flag Code is quite stringent — the public has to be very careful with their expressions when they have it with them. Recently, the Board of Control for Cricket in India (BCCI) was handed a notice by the Supreme Court on alleged dishonour of the Indian tri-colour during the India-England Test match and an India-Pakistan One-Day International (ODI) in Kolkata last year. This is with regards to the spectators carrying the flags on their shoulders or on their heads.

The whole legal question surrounds the Prevention of Insults to National Honour Act, 1972 and the Flag Code of India, 2002. The first statute says that if a person “burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag” (source: indiankanoon.org) can be imprisoned. The Flag Code says that the tri-colour cannot be used as drapery or any form of clothing or even printed on it. Thus, by putting it on their shoulders, the spectators have ‘draped’ themselves with the national colours, but isn’t such a thing seen at all sporting events?

What does one do in celebrations?

In any victorious sporting moment, the athletes often carry the flag on their back and may even take a lap around the ground. There have been occasions where, they wrap it around their shoulders as they bend to collect a medal. Even when India won the 2011 ICC World Cup, a sea of India’s national flags had enveloped the Wankhede Stadium. Celebrating their proud moments, a few players had in fact carried it over their shoulders. Isn’t this nothing but a spontaneous burst with a flood of emotions — with there being no intention to disrespect it?

Keeping that in mind, one must bring the viewpoint of the Calcutta High Court into perspective. It was their judgment which is challenged in the Supreme Court now. The Calcutta HC’s observations made a few important points such as the fact that the flag is used as a symbol of national pride at international games and that there was no intentional disrespect. “They have not used it as only cloth to wrap the body, however, while carrying it they might have unintentionally put it on shoulders etc,” the Court opined. Ultimately, it all boils down to intention and how do we classify it?

Of course, no one picked anything after the World Cup final as India had won and there was a triumphant feeling. At Kolkata, India had lost the Test match to England and the ODI against Pakistan. So, does the situation define intention? Does it depend on what the fan feels about the proceedings on the ground? There is a thin line that probably divides what is disrespectful. Some acts may be blatantly unacceptable (such as wiping ones face with it, or intentional throwing it etc), but if one rests it on ones shoulders — it looks like the arguments can go both ways. If indeed the fans have indulged in obvious acts of disrespect, then there certainly has to be a penalty in this case.

The fan has to be careful, but what about the BCCI?

Respecting the flag is something that young children are taught. Ultimately, it is the personal responsibility to handle it with care and not intentionally cause some disrespect. At times, we have seen that there are things written on the tri-colour, albeit without the Ashoka Chakra. It may not be the complete flag without that symbol in the centre, but they should refrain from any script or graffiti on it. Things like the three-strokes on the cheeks or an impression of only the colour scheme may be acceptable, but when something is written on the flag, it becomes an entirely different thing. Lastly, they may show their passion and support by waving it around in grounds, yet they have to ensure its sanctity even if things don’t go their team’s way.

Then, where does the BCCI come in the midst of all this? They are only conducting the games and invite the crowds to watch them and support the team. In case there is crowd trouble or any racial vilification, is the board held liable? It is the fan who is behaving unruly. The BCCI may have received a notice on the current matter, but it is difficult to imagine them enforcing their control over the fans in such matters. It is individual fans who have to behave, even when it has to do something with the flag. The Board can at max issue instructions and the security personnel at the stadium can detain someone if the flag has been compromised — just like a few fans were detained after their monkey jibes at Andrew Symonds in 2007.

Passion and patriotism is all acceptable, but more than the sport, there is national honour at stake while handling the flag. As India has a stringent Flag Code, there have to be proper guidelines for the crowds thronging the stadiums for any event. Without the tri-colour, a lot of flavour would be lost and even the courts know that. There has to be a way to find the middle ground where the laws are not violated.

(Nishad Pai Vaidya is a Correspondent with CricketCountry and anchor for the site’s YouTube Channel. His Twitter handle is @nishad_44)