Madras High court gives the Final judgement on the case State Vs. D SenthilKumar.
Under the Prevention of Insult to National Honours Act 1971, the Madras High Court ruled,State Vs D Senthillkumar that cutting a cake with a design of Ashoka Chakra and Tricolour map is not a unpatriotic or insult to the country.
Facts of the case includes in 2013 a cake cutting ceremony in a Christmas event the cake was 6×5 feet symbolising India in Tricolor and Ashoka Chakra which was cut and distributed over 2500 consumer . This ceremony was also attended by many civil servants, including district collector, religious leaders and NGO heads.
The petitioner D Senthilkumar filled a case claiming the cake was a replica of the Indian flag and the cut was amounting the offence under Section 2 Prevention of Insult To National Honours Act 1971 which includes fine and punishment for 3 years , but The criminal proceeding initiated by the magistrate in a cake cutting episode was therefore quashed by Justice N Anand Venkatesh also while being pertinent of the observation on patriotism and national pride .
The court therefore exclaimed that there is no doubt that nationalism in a democracy like India is very vital. But, hyper and surfeit adherence to it goes against the prosperity of our nation from all its past glory.
A patriot is not one who only raises the Flag, symbolises his national pride and wear it on his sleeve, but also, a person who bats for good governance. The symbolisation of national pride is not synonymous with patriotism, just like how cutting a cake is not unpatriotic
Justice N Anand Venkatesh rightly said that patriotism cannot be determined by ant gross physical act rather it depends on the intention behind it and the people who attended the ceremony were not having any intention to dishonour the country of National pride, citing the famous words of the Rabindranath Tagore.Patriotism cannot be our final spiritual shelter; my refuge is humanity. I will not buy glass for the price of diamonds, and I will never allow patriotism to triumph over humanity as long as I live.