No Flags in Private Housing Societies Without Permission, Says Bombay High Court

Reference: https://www.barandbench.com/news/litigation/no-flags-private-housing-societies-without-permission-bmc-bombay-high-court

 

It is significant that the High Court of Bombay upheld the decision of BMC Brihanmumbai Municipal Corporation, which denied the right of private housing societies’ to install flags without getting permission from authorities first. This judgment has caused lots of debates on the matter of the civic rules and how political and national symbols are displayed in residential areas.

 

The Court’s Decision

The court resolved the issue of housing societies having to obtain the endorsement before flying up any flags, no matter if they are national or any other type. It is the basis of the city’s standards on the installation of structures in public and private areas. The BMC contended that flags installed by unauthorized persons would contribute to legal issues, such as possible political or sectarian use.

Why is Permission Necessary?
 

The officials have been clear that the law in question is not to stop the love of the nation but to ensure the stability as well as the lawfulness of the flag-staffing process in accordance with the law and city council policy. Some of the most notable reasons why this regulation is needed are:

Public Reactions
 

The ruling has been met with the mixed emotions of the whole city. While some constituencies stick to the idea that it is unnecessary to take permission to fly the national flag, others feel that the guidelines are effective for this reason and indeed, they designed to keep order and avoid the use of the political symbols when they can be misused.

It is to be noted that the highest-ranking Flag Code of India does give a plea on which occasions and in which locations the national flag can be flying, and this judgment underscores the crucial significance of complying with such regulations.

What's next? 
 

Flag installations in housing societies would be feasible only if the respective municipal bodies grant them consent. This decision can be used as a barometer for future similar acts and can also remind society that even symbolic acts can have legal obligations. In this period of ongoing dialogue, the cities and their respective officers must be able to uphold the law and tolerate the display of a displays of patriotism.