A division bench of Justice Abhay Oka and Justice Girish Kulkarni heard a public interest litigation filed last year by Hindu Janjagriti Sangh saying Maharashtra government is doing nothing despite issuing a circular on August 22, 2007 banning the use, sale and purchase of flags. The petition said after Republic Day and Independence Day flags are found on roads and gutters and it is an insult of the national flag.
The judges perused the Centre's affidavit which stated that there is no legislation banning manufacture of plastic national flags but there is a proposal to do so. The judges said even the National Flag Code of India does not contemplate use of flags made of plastic. Also, that flags made of paper can be used but they shall not be discarded or thrown on the ground. The flag code provides that that paper flags shall be disposed off in private consistent with the dignity of the flag.
The judges noted that the state education department was earlier ordered to issue directions to various institutions to ensure that plastic flags are not used and that there is awareness created. "There is no compliance on this aspect," said the judges, in their order. They also said there is nothing on record to show that that state government has made any arrangements for disposal of flags as provided by the flag code.
Directing the Centre to take appropriate decision of plastic national flags as expeditiously as possible and by November 30, the judges also directed the state government to issue circular to all departments and educational institutions to ensure that "no one shall use flags made of plastic." The government is directed to give wide publicity and also to make arrangements at taluka and district level for proper disposal of flags.
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