Allow Cookies!
By using our website, you agree to the use of cookies
The Karnataka High Court in the recent matter dismissed a Public Interest Litigation (PIL) that sought a direction to hoist the National Flag compulsorily at an anganwadi in Kalaburagi district. After perusing the material on record, a Division Bench comprising of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar stated that under the Flag Code of India, 2002 (the Code), there is no legal obligation to display or hoist the National Flag in educational institutes including anganwadis.
The Court further declared that the Clause 2.3 of the Code only lays down moral instructions.
"After perusing the material on record, it appears that the petitioner has not made a case of any legal obligation for educational institutes to hoist the Indian National Flag. It was shown that the same does not make it mandatory for educational institutions. Clause 2.3 of the Code only lays down moral instructions. Thus, there is no obligation to hoist the National Flag at Anganawadis."
The Karnataka High Court further observed that even though anganwadis receive grants from state governments, they are usually understaffed and lack sufficient funds. The Court further emphasized on the point that the primary object of setting up an anganwadi is yet to be achieved. "Moreover, if national flag is hoisted it attaches huge responsibility by abiding to Flag Code of India rules", the Court added. The petition therefore prayed for directing the Deputy Commissioner, Kalaburagi district and the Deputy Director, Women and Child Welfare Department, to issue directions to hoist the flag at the anganwadi.
While pronouncing the order, the Court also mentioned to the Supreme Court's judgment in Shyam Narayaan Chouksey v. Union of India,in which the Court modified its earlier order and held that playing the National Anthem in cinema halls is not mandatory. Under these circumstances raised, the Court declined to issue a writ of mandamus in the instant case. Therefore, as a crux of the matter the Karnataka HC held that that it is not mandatory for educational institutions to hoist National Flag.
86540
103860
630
114
59824