Flag burning – the test of a free society

(This is a small extract from 'Discovery of Freedom'. I will publish a few of these extracts periodically to test my ideas. Look forward to your response.)

Must a free society tolerate the burning or desecration of its national flag as a political act of civil disobedience? We begin by asking: if this act was banned, would it maximise equal freedom subject to accountability? Clearly, no one comes to the stage of burning their national flag unless they feel that a great many freedoms have been already trampled upon. And so the general environment of the society would need to be considered. If someone burns the flag without any reason, though, then that person’s intellectual ability is surely too feeble, and could ask: what harm could such a mentally feeble person do by burning the flag? After all, to that person it is merely a piece of coloured cloth he is burning without any reason. If that person doesn’t understand the value the flag represents, then so be it. Such an action is not a crime. In other words, if someone is seriously burning the flag, then the society needs to examine itself. If someone is stupidly burning it, it doesn’t matter.

India has not taken any chances, though, and has enacted The Prevention of Insults to National Honour Act, 1971 providing for imprisonment of up to three years, or fine, or both, for anyone who, in public view, mutilates, defaces, defiles, disfigures, destroys, tramples on or otherwise brings the National Flag into contempt. In addition, The Emblems and Names (Prevention of Improper Use) Act forbids the use of the flag in any trade mark or design.

Unlike India, though, which has a fragile sense of identity, and virtually no sense of freedom, the US has ruled that while desecrating its flag is deplorable, people are free to burn the flag as part of their freedom of expression. Its citizens are free to even make underwear bearing the flag’s image. Since many people’s patience with flag burning for political purposes was running thin in the USA, a flag burning amendment to the United States Constitution was proposed in 2006. But the US Senate rejected it, albeit narrowly. Senator Daniel K. Inouye – who lost an arm in World War II, and whose patriotism was unquestioned – said that flag burning ‘is obscene, painful and unpatriotic’, … ‘[b]ut I believe Americans gave their lives in the many wars to make certain that all Americans have a right to express themselves – even those who harbor hateful thoughts.’ Such a resounding commitment to freedom defines the US of America, the world’s only major bastion of freedom today. Three cheers to this brave land which seriously respects freedom by allowing its people to burn its own flag! Liberty expects no less.

India must aim to become a free country and learn to tolerate political protest including peaceful flag burning. Burning symbols, no matter how offensive and distasteful, does not amount to violent expression (it is not exactly non-violent, but it is not violent either, not affecting the human body). If freedom and equal opportunity were available to all, then flag burning would become thing of the past, anyway. It is only if India has something to hide that it will prohibit protest. In any event, it is preferable to let protests be public than to force them underground, for at stage terrorism can become a distinct possibility. More generally, it is inappropriate for a free society to invest any symbol with a hallowed status, for then there would be no end to such encroachments on our freedoms.

Addendum

http://www.indianexpress.com/news/cant-book-sachin-sania-for-insulting-tricolour-police/836434/