A country's national flag is among the most important
insignia of that country's identity. A national flag evokes a
bundle of feelings ranging from pride and solidarity to the extent
that an insult of the flag is equated with desacralization.
Recently, the Madras High Court, in State v. D. Senthilkumar
Crl. O.P. No. 15656 of 2020, addressed the issue of whether
cutting of a cake with a tricolour theme amounts to its
insult.
The decision of the Hon'ble Court emanated from a criminal
complaint against the attendees of a Christmas celebration where an
Indian National Flag-themed cake, with a tricolor Indian map
outline and an Ashok Chakra, was allegedly cut, distributed, and
consumed. It was alleged that the cake's design represented the
Indian National Flag and the act of cutting it amounted to an
offence under Section 2 of the Prevention of Insults to National
Honour Act, 1971 (hereinafter the "Honour Act").
