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This is my country and flag

by Lionel Wijesiri

Today, our nation celebrates its 55th Independence Day. The celebrations, parades, and festivities should be in abundance along with plenty of national flags. The National Flag is more than a holiday decoration, however. It is the symbol of our 2500-year-old history and a reminder that freedom is not free. It is the banner under and around which our men and women in uniform rally to protect our liberty and die to defend, if necessary.

H.M.Mervyn Herath in his book "The National Flag and the National Anthem of Sri Lanka" says: "As recorded in our national chronicles, the Mahavamsa and Chulavamsa, the flag with the lion symbol was invariably used by the monarchy from the time of King Vijaya to the fall of Sinhala Kingdom during the reign of King Sri Wickrama Rajasinha. No other country in the world possesses a national flag seeped in history and tradition as the Lion Flag of Sri Lanka.

It was an internationally accepted fact that our National Flag was the oldest in the world.". He adds:" In one of the stone carvings of the archaeological remains at the Sanchi Stupa (built during the reign of Emperor Asoka) the characters of Prince Vijaya with his band of companions is shown landing in Sri Lanka and one of them carrying the Lion Flag". "The heraldic lion carrying a sword on his right forepaw with two other symbols, the Sun and the Moon, adorns the banner of King Dutugemunu. This is illustrated in the rock temple frescoes at Dambulla.

Coming down to 15th century, we learn that King Parakramabahu of Kotte continued to use this ancient Lion Flag.".

It was the committee headed by S.W.R.D.Bandaranaike, then Minister of Housing and Local Government, which conceived and created the present flag.

The features of the flag were not arbitrarily chosen: each feature has its own distinctive meaning and significance. The gold colour represents the Sangha that acted as advisors to kings. The brilliant crimson in the background indicates immortality. The four bo-leaves in gold at the four corners of the background with a gold border running right round indicates Metta, Karuna, Mudhitha and Upekka - the four noble qualities. The two equal vertical stripes of equal size, in saffron and green represents minorities - Tamils and Muslims.

The Lion in gold represents strength of our nation. The gold sword held by the lion symbolises the righteous rule and justice to all. Our National Flag is a symbol of Sri Lanka and its people. It represents the essence of Sri Lanka, indicates the nation's self-respect and dignity, ideals and aspirations, character and history, tradition and heritage. No other symbol crosses the political, cultural and ideological patchwork that makes up this great nation and binds us as a whole. So, naturally, the National Flag belongs to the common man. But does it really belong to the common man?

An ordinary Sri Lankan citizen is not allowed to put up his country's National Flag atop his house or office while extending all respect to the symbol, except on Independence Day and on such other days as are prescribed by the Government. The Flag Code of Sri Lanka does not permit flying the National Flag by private citizens except on days of national importance. Only a selected group of high dignitaries are entitled to do so. One can argue that it is an interference with a citizen's fundamental right of freedom of expression: or, an act of discrimination. Should there be any restriction on the citizens on expressing their patriotism by displaying the National Flag?. In this respect, an interesting story is revealed from our neighbour, India. A person was prevented by the officials of Madhya Pradesh government from flying the National Flag at his factory premises as Flag Code of India, too did not permit it on private buildings by individuals except on special occasions.

The person moved the Delhi High Court challenging the legality of restrictions contained in the Flag Code - India relating to flying of the National Flag by private citizens and seeking a writ restraining the Union of India and the Madhya Pradesh government from interfering with his right to fly the National Flag on his premises in a respectful manner. The outcome of the case is worth mentioning as it has some relevance to our situation in Sri Lanka.

Navin Jindal's interest of the National Flag began during his visit to the United States in 1990, where he studied for a master's degree in business management at the University of Texas at Dallas. One of the first things he noticed was the ever-present fluttering of the American flag all over the country. Incidentally, every US citizen enjoys the right to fly the national flag.

Then, on a casual visit to a Texas-based Punjabi businessman, he noticed a framed Indian National Flag in a position of pride in his host's living room. Jindal could not recall seeing the flag displayed with such reverence in any home in India.

Within months, he was elected as the president of his university students' government. One of the perks of that position was his own office room, where he wanted to display the Indian flag. The university had no objection.

Neither did his American friends.

In fact, within hours of him expressing this desire, a student gifted him a nylon Indian National Flag. The flag soon became a point of conversation as visitors began asking him about it, about the Indian people and India.

Jindal returned to India in 1992 to take over as joint managing director of Jindal Strips Limited. He was to take charge of the Raigarh and Raipur plants.

On January 26, 1993 - Indian Republic day - he hoisted the flag at his Raigarh factory and instructed his staff to continue flying it every day of the year.

The senior government officials of the area including the police advised Jindal that he was not allowed such display of the flag. None of them, however, could counter his argument: "If I cannot fly my flag in my country, where else can I fly it?".

One and half years later came the turning point. In September 1994. S K Dubey, then commissioner of Bilaspur, accidentally came to know that the National Flag had been flying there every day for more than a year and half, angrily ordered the superintendent of police to personally take the flag down. Jindal was in Delhi at the time.

"I was very upset," recalls Jindal. "How could they humiliate us like this in independent India? We were flying the flag with utmost respect.".

The incident strengthened Jindal's resolve.

"I decided I would fight for my right to fly the flag". Jindal's lawyers told him that there were two clear laws on the subject. The first, the Prevention of Insults to National Honour Act (1971), says the flag cannot be mutilated, burned, defaced, torn or trampled upon. Offenders can be jailed for up to three years or fined. But it does not prevent anyone from flying the flag in a respectful manner.

The second law, the Emblems and Names (Prevention of Improper Use) Act (1950), says the national flag or national emblem cannot be used for commercial purposes. Nor can it be used as packaging. Jindal found out that he had not broken the law. In October, he started flying the flag in his factory once again.

He wrote to the Commissioner of Bilaspur and the Home Ministry saying that he is doing so out of patriotism.

No Indian law, he added, prohibited him from flying the flag. The Home Ministry replied saying that only certain high dignitaries could fly the flag on their residences and offices. He was instructed to desist from flying the Flag at his office.

Jindal took the Flag down and asked himself: "Is this the national flag or a government flag?". On February 2, 1995, Jindal filed a writ petition in the Delhi high court, requesting that all Indians and institutions be allowed to fly the flag in a respectful manner. At that time, he did not realise he was beginning a court battle that would last six long years.

Says Jindal: "Javed Akhtar once said the moon helps connect two lovers, irrespective of the distance that keeps them apart.

I think it is the same with our National Flag. When a person flies the national flag, he rises above his religion and political affiliations and shows that he is a proud Indian. We are a diverse group of people and this is one way to bind all of us.".

In September 1995, the high court allowed Jindal to fly the national flag on his premises. Its judgment quoted former president R Venkataraman: "Our flag contains the blessings of all those great souls who brought us to freedom.

It beckons us to fulfil their vision of a just and united India. As we confront crucial challenges to our security, our unity and integrity, we cannot but heed the call of this flag to rededicate ourselves to the establishment of that peaceful and just order wherein all Indians irrespective of creed, caste or sex will fulfil themselves.".

Jindal started flying the flag again.

But, in January 1996, the Government of India appealed against this judgment. In its special leave petition to the Supreme Court, the government said the policy to restrict the use of the National Flag to the barest minimum was meant to ensure that it was not dishonoured.

Jindal, it said, had taken a questionable position by imagining that one of the ways of showing his patriotism and love for the country was to fly the flag.

The petition pointed out that there were millions of Indians who were not swayed by a desire to fly the flag in their houses.

The Supreme Court, on February 7 that year, stayed the high court's judgement Jindal once again wanted to take the Flag down. But his workforce had a different idea. They wanted to fly the flag and Jindal agreed.

The Government of India then filed a contempt of court case against Jindal. At the Court, Jindal explained that he had utmost respect for the judiciary and was not trying to defy it or mean any disrespect by hoisting the flag.

And, then on 15 th January 2002 , Supreme Court in India made the landmark judgement. The operative part of the Court's judgement reads as "This petition is allowed.

A mandamus was issued to the respondents restraining them from interfering with the right of the petitioner to fly the National Flag on his premises and we hold that any restriction contained in the Flag Code - India relating to the flying of National Flag by the citizens cannot be enforced except when contravention of those restrictions come within the purview of any law in force".

The Government of India finally decided to allow unrestricted display of the National Flag by members of the general public, keeping in view the public sentiments. While bringing out the revised Flag Code of India, 2002 the Government has also ensured that the unrestricted display of the National Flag is consistent with the honour and dignity of the National Flag.

Jindal said. "Let us think of the millions of people who died after Independence without having the pleasure of flying the flag.

I would have hated to tell my son that he could not fly our National Flag, as he was not a minister. Why should we presume that commoners would not respect the flag? We have to trust the people. It is their flag. If someone disrespects it, there is a law to deal with it.".

"We should be able to celebrate our independence everyday. If we can fly our flag, we will be a much prouder nation, a much happier nation.

We will psychologically think of our nation before we think of ourselves.".

Navin Jindal, fought Indian enforcement agencies and insisted that it is his Fundamental Right as an Indian citizen to fly the National Flag atop his house and factory. Coming back to Sri Lanka, it is 55 years since Sri Lanka became free.

The world has changed a great deal since then. Freedom drives most of our basic rights as citizens and yet we, as a nation, are still trapped in this time warp where a patriotic Sri Lankan citizen cannot fly his national flag at his school, home or office.

It is not surprising why more and more of our young people today prefer to belong to the global universe of Pepsi and Coke, Nike and McDonalds whose colours they would rather fly than the Sri Lankan flag?. Nobody would find anything wrong with our Flag Code, except with regard to the right of the ordinary citizen when it comes to displaying the Flag.

This restraint, subject to due respect and regard being extended to the Flag, should be removed now. We need today men like Jindal amongst us to initiate a spirited campaigning.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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