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| Tactical Weaponization of Tiranga: Shield or Patriotism? | | Straight Talk | 
K. B. Jandial
The Cockroach Janata Party’s “Lehra Do Tiranga" march at Connaught Place on 16th October has triggered a debate on use of the National Flag as an emotional shield against administrative action. The authorities on the ground face a catch-22 situation- if they stop or detain the agitators carrying the Tricolour marching in violation of prohibitory orders, they are criticised for penalising people “for waving the Tiranga.” And if they didn’t, they will be failing in their duty in enforcing law and order, and can be hauled up for dereliction of duties.
This dynamic was on full display hours before the scheduled march, when Delhi Police, discharging their duty, took CJP founder Abhijeet Dipke and Leftist student leader Neha Bora into preventive custody in full view of media cameras. The activists jostled with security forces, ensuring the National Flag remained predominantly framed in every frame, masquerading themselves as Desh Premi and painting police as a cruel ‘anti-Tiranga’ force, reminiscent of pre-independence colonial police. Apparently, such things are done, not for love for the Tiranga but for their agenda.
A Clash of Rights and Regulations
While these political and social activists push the event for a flashpoint, it unmasks a deeper, more troubling trend in contemporary Indian street politics: the tactical weaponization of the National Flag. “Lehra Do Tiranga" march at Connaught Place was a collision of rights and regulations. The police action at Central Park brought two conflicting viewpoints into sharp focus.
The CJP maintained that their gathering—called to demand the resignation of Chief Election Commissioner Gyanesh Kumar and protest the arrest of party co-conveners Saurav Das and Ashutosh Ranka—was a protected democratic act. “Waving the Tricolour cannot be treated as a crime,” the organizers asserted, arguing that honouring the flag requires no executive clearance, but they quietly sidelined the fact that the gathering and march at any public place require permission from the law enforcing agencies. They conveniently overlook what happened at Jantar Mantar on July 20, 2026.
However, there is a vital administrative reality: public assemblies require regulatory permission. The Delhi Police's position was rooted firmly in public order rather than a challenge to patriotism. Citing restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police explicitly warned that holding an unauthorized march in a restricted commercial zone violates legal orders and disrupts the rights of traders, commuters, and citizens. "Waving the national flag is not prohibited, but holding an unauthorised march and assembling a crowd in the restricted area violates legal orders. Refrain from actions prejudicial to the rights of citizens, traders, and commuters." Though the police offered to facilitate a symbolic, limited gathering of 11 individuals to unfurl the flag and sing the national anthem if required, it was summarily rejected— the objective was not about the unfurling Tiranga but maximizing a 24x7 media blitz to their growing political relevance.
The Legal Boundaries of the Flag
Pre-2004, use of Tiranga for every citizen or agitators was not prevalent. It was the Supreme Court of India which declared that hoisting, unfurling, and displaying the National Flag is a fundamental right of every Indian citizen in the landmark case Union of India v. Naveen Jindal on January 23, 2004, the court ruled that flying the national flag is a form of expression protected under Article 19(1)(a) (Freedom of Speech and Expression) of the Indian Constitution. It also held that it is subject to "reasonable restrictions" imposed in the interest of sovereignty, integrity, and public order. The flag cannot be wielded as an exemption certificate to breach valid administrative prohibitions or section orders.
This matter was brought before the Apex Court by an Industrialist Naveen Jindal as he was stopped by the authorities from flying the flag at his factory premises. because the older executive rules restricted private citizens from doing so except on national holidays. While the matter was pending in the Supreme Court, the Government of India amended the rules and implemented the Flag Code of India, 2002. This code formally allowed citizens to hoist the flag on any day.
On using the Tiranga during public agitations, the display and handling of the national flag in India are regulated under two specific Laws. The Prevention of Insults to National Honour Act, 1971 criminalises any desecration, mutilation, burning, trampling, or commercial defilement of the national flag in any public place while the Flag Code of India, 2002 provides comprehensive guidelines on how the flag must be flown, stored, and respected. It states that the flag must not be used as a drapery, costume, or uniform, nor should it be allowed to touch the ground or trail in water.
Reverence vs. Political Utility
There is an ethical crisis on the ground. When an unauthorized march descends into chaos, determined agitators frequently conceal flags in pockets or bags, pulling them out haphazardly the moment a photojournalist appears. Amidst the shoving, running, and physical skirmishes with police, the strict dignity and decorum legally mandated for the National Flag are inevitably compromised.
Use of Tiranga in Goan March
Even before 2004, there are a few historic events when the Tiranga was used. One such event was the historic Goa Liberation March of 3000 satyagrahis into Portuguese occupied Goan territory on 15th August, 1955. When the Portuguese police opened fire on flag-bearing protesters, killing dozens of satyagrahis, a historical moment came when a young flag-bearer Karnail Singh Benipal saw a fellow marcher shot down, he ran and grabbed the falling Tiranga to ensure it didn't touch the ground and took a fatal bullet to the chest in the process.
Tiranga as Shield in Political Protests
In internal domestic protests, using the Tiranga in political street marches was legally restricted for decades. It was only after the Flag Code of India, 2002 was implemented, and the Supreme Court's January 2004 landmark verdict, that the Tiranga began appearing widely in modern domestic protest marches, such as Anna Hazare’s anti-corruption movements of 2011, 2019-2020 Anti-CAA Protests and 2020-2021 Farmers' Protest.
The core crisis is tactical. The political and social groups, including those previously associated with hyper-radical or divisive rhetoric, have realised that the Tiranga serves as an effective shield. By carrying the flag, agitators construct a visual narrative where any police intervention—even for basic crowd control or traffic management—is framed as an attack on nationalism itself. The events at Connaught Place on 16th October, earlier during Rahul Gandhi led protests including within the SC and 20th July at Jantar Mantar expose a growing gap between judicial intent and street tactics.
This creates a dangerous paradox. In their eagerness to use the tricolour as a political passport, agitators frequently disrespect it through casual handling, improper storage, and unsanctioned draping.
As the Supreme Court continues to navigate the boundary between peaceful dissent and public order, a firmer regulatory mechanism may be required to ensure that the nation's highest symbol is not reduced to a disposable prop for civil disobedience, by weaponizing the Tiranga? Is it not time for the Apex Court to take suo motu cognizance and prevent the political weaponization of Tringa?
(The Author is a retired IAS officer,feedback: [email protected])
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