Legal Question in International Law in Florida

Is it right to dishonour Indian Flag by Indians in USA?

The Taste of India( located in 902 Brandon Boulevard East, Brandon, FL 33511 ,USA )a restaurent which has opened recently in Brandon has removed Ashoka Chakra and replaced their Restuarent name as Taste of India ''from the Indian Flag and display public . After we objected they still have not removed the Flag nor added Ashoka Chakra on the Flag. They are misusing Indian Flag According to Indian Flag Code. They say the Indian law will not hold because they are in USA?

Asked on 8/26/08, 12:21 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Is it right to dishonour Indian Flag by Indians in USA?

They are right. A nation's law as to how its flag should be displayed is only good law in the country of origin. In fact as angry as this may make you, this restaurant could burn India's flag everyday and not be prosecuted.

In fact American's can burn their own flag as a statement of protest. It burns a lot of people who love the flag of the USA and what it stands for to see others burn it. On the other hand, this is a nation of Free Speech. You are just as welcome to display that flag properly on your property.

What is a flag if not a symbol? Does not India not recognize the right to Freedom of Speech in Part III of its Constitution? If India's Flag is a symbol of its nation's beliefs, and if those beliefs are in the nation's constitution, then isn't it the right of a free man to protest those beliefs as he sees fit?

Although it is from a movie, the best statement about the American flag and what it stands for and why is from the movie "The American President" in it, Michael Douglas playing Pres. Andrew Shepard says "...You want to claim this land as the land of the free? Then the symbol of your country cannot just be a flag. The symbol also has to be one of its citizens exercising his right to burn that flag in protest..." Could we not say the same of India's flag?

Why should one be able to burn a flag of a country? Because free men (and women) are only free if that freedom means the right to condemn and protest and to hit someone (metophorically) "in the breadbox."

Now what if these people are doing this not to protest but out of averice or are just to lazy or cheap to get a proper flag? It doesn't matter.

Rather than allow this to upset you, you too have rights. You can protest, organize a boycott, petition and write editorials. It may not convince the proprietors to change their ways, but it will call attention to not only your cause, but to why your beliefs are correct and why others should follow your good example.

Good Luck.

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Answered on 8/26/08, 11:12 pm

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