Coldplay can relax. Selective outrage over insulting the national flag is Indian

When it comes to India, double standards are everywhere. And when you bring in the issue of patriotism to the mix, then be prepared for a ride that will make you repeatedly facepalm. The issue-at-large right now, in this hyper-nationalistic phase of our history is Coldplay; specifically, how Coldplay’s frontman Chris Martin allegedly insulted the national flag.

The Nationalist Congress Party (they are the same people who tried to get the gig delayed in the first place) has now accused British rock band Coldplay's lead singer Chris Martin of "disrespecting" the Indian national flag, during the Global Citizen India festival in Mumbai on Saturday. NCP spokesperson Nawab Malik has demanded that the singer apologise for "hurting the sentiments of Indians".

"There is a video grab from Coldplay's concert in Mumbai, where the band's lead singer is seen insulting the Indian flag," said Malik, According to him, insulted the flag in the presence of Bharatiya Janata Party and Shiv Sena leaders by performing while the tricolour remained partially tucked into the back pocket of his pants.

He’s not the only one. Gaurav Gulathi, a Delhi-based advocate has filed a complaint at north Delhi's Roop Nagar Police Station on Tuesday against the band for, no prizes for guessing, allegedly dishonouring the Indian national flag during their performance at the Global Citizen Festival in Mumbai.

In his complaint, Gulati says, "They can be seen to dishonour our National Flag by tying it on the back of his jeans and dancing in objective positions. In the video, it can be seen that the band had used our Indian National Flag to cover their musical instruments.”

According to Gulati, an FIR should be filed against the band and the singer for dishonouring the national flag during their performance in Munbai.

According to the Prevention of Insults to National Honour Act, 1971, “Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.”

In further explanations, the act explains that “Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.”

Additionally it states that “The expression, ‘Indian National Flag’ includes any picture, painting, drawing or photograph, or other visible representation of the Indian National Flag or of any part or parts thereof, made of any substance or represented on any substance.”

It should also be noted that using the Indian national flag as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material counts a disrespecting it.

So, technically, Chris Martin is actually at fault here. He is guilty of disrespecting the flag and if tried, is likely to be liable to pay a fine. Although, one can argue, that he isn’t Indian and is unlikely to know the intricacies of the myriad of laws surround our national emblem, map and flag. This is especially important, when you consider the fact that most citizens of our country are actually unaware of these laws themselves. In fact, it is the organisers of the event, who should be held a little bit guilty. They should have anticipated something like this, given how volatile India really is in matters of patriotic pride.

But if there is any reason to not make a big deal of this, then it should be on the basis of precedent. If we as a nation can be okay with Prime Minister Narendra Modi doing the same thing, then we should be okay with Chris Martin as well.

Post the much acclaimed International Yoga Day, a man in Bihar’s Muzaffarpur district filed a case against Modi for allegedly insulting the national flag, during the Yoga Day celebrations. Prakash Kumar alleged that Modi insulted the national flag by using the Tricolour as a mere piece of cloth, sitting on it and also using it to wipe his hands and face.

And this isn’t even the first time Modi has been accused of that. In April, Ashish Sharma claimed that Modi had violated the Flag Code of India. According to Sharma, “Modi was again careless at the time of handing over the national flag to Barack Obama, President, USA, when he signed over the national flag which is against National Flag Code, 2002.” 

But nothing happened to Modi, and it is unlikely that such a case would ever reach him. Also, maybe he is forgiven some lapses from his usual patriotic nationalistic self. To quote the great Mulayam Singh Yadav, “Ladkon se galatiyan ho jaati hain”.

Leaving Modi aside – the man’s level of dedication and love to anything Indian is beyond doubt, right – Indian citizens have insulted the flag way more often than one would think. In fact some of these instances have been as huge as Coldplay, or even Yoga Day.

Why? Did he drape it around the body of an alleged killer? https://t.co/E65Z5hsOyO

— Rohan (@mojorojo) November 20, 2016

The residents of Bisada village in Uttar Pradesh violated the Flag Code of India, 2002, by wrapping a national flag on the body of Ravin Sisodia, one of the accused in the Dadri lynching case. Sisodia along with 17 others was jailed for the murder of Mohammad Akhlaq and for injuring his son Danish over an alleged cow slaughter incident in 2015.

At the same spot they hd brutally killed Akhlaq last year,#Dadri vlgrs drape Tiranga on the coffin of hs murder accused & made him a martyr pic.twitter.com/ltNI6kGNzK

— Mohammad Ali (@hindureporter) October 6, 2016

Even though, the hyper-nationalistic gau rakshak squad may consider Sisodia a martyr in their noble cause, the law on the use of the national flag is very clear.  The fact remains that the use of the national flag on Sisodia’s coffin is an insult according to the Flag Code of India, 2002, according to which, “the Flag shall not be used as a drapery in any form whatsoever except in state/military/central para-military forces funerals hereinafter provided”.

But if that goes unnoticed by the law as well, sure Chris Martin has nothing to worry about. Unless you consider that the law does not want to go after the prime minister and the Dadri issue is too sensitive for the country to handle right now, and Chris Martin is the easiest (and the biggest) soft target anyone will find.

Also read - Dadri murder accused's body wrapped in tricolour: Isn't this perverse 'nationalism'?