Is It Farmers Protest/Prade or the intent of violence at Red Fort?

Is It Farmers Protest/Prade or the intent of violence at Red Fort?

A tractor march meant to highlight farmers' unity dissolved into anarchy on the streets of the national capital on Tuesday, as hordes of rampaging protesters broke through barriers, fought with police, overturned vehicles and delivered a national insult -- hoisting a religious flag from the rampart of Red Fort, a privilege reserved for India's tricolour.

The Prevention of Insults to National Honour Act, 1971 is an Act of the Parliament of India which prohibits the desecration of or insult to the country's national symbols, including the National Flag, the constitution, the National Anthem and map of India including contempt of Indian constitution

Constitutional Provision with regard to National Flag

Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

EXPLANATIONS

Explanation 1 - Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.

Explanation 2 – The expression, "Indian National Flag" includes any picture, painting, drawing or photograph, or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance or digital picture

Explanation 3 – The expression "Dishonour Indian Map" means if anywhere map represented with respective manner,Tapping Map on Road or any public place.

Explanation 4 – The expression "public place" means any place intended for use by,or accessible to, the public and includes any public conveyance.

Explanation 5 - The disrespect to the Indian National flag means and includes —

(a) A gross affront or indignity offered to the Indian National Flag; or

(b) Dipping the Indian National Flag in salute to any person or thing; or

(c) Using the Indian National Flag:- (i) as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or(ii) by embroidering or printing it on cushions, handkerchiefs, napkins,undergarments or any dress material; or

(d) Putting any kind of inscription upon the Indian National Flag; or

(e) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part of celebrations on special occasions including the Republic Day or the Independence Day; or

(f) Using the Indian National Flag as covering for a statue or a monument or a speaker’s desk or a speaker’s platform; or

(g) Allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or

(h) draping the Indian National Flag over the hood, top, and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or

(i) Using the Indian National Flag as a covering for a building; or

(j) Intentionally displaying the Indian National Flag with the "saffron" down.

Tens of thousands of protesters clashed with police in multiple places, leading to chaos in well-known landmarks of Delhi and suburbs, amid waves of violence through the day, leaving the farmers' two-month peaceful movement in tatters.

In a Republic Day like no other, farmers atop tractors, on motorcycles and some on horses, broke barricades to enter the city at least two hours before they were supposed to start the tractor march at noon sanctioned by authorities. Steel and concrete barriers were broken and trailer trucks overturned as pitched battles broke out in parts of the city.

Eclipsing the traditional show of military might at Rajpath, the farmers' tractor parade that was supposed to be peaceful led to virtual anarchy on the streets and unprecedented scenes – the most perhaps being the sight of protesters clambering up the flagpole at the Red Fort, the centrepiece of India's Independence Day celebrations, to hoist the ‘Nishaan Sahib', the Sikh religious flag.Farmer leaders, who have been spearheading the protest at the national capital's border points to demand a repeal of the farm laws, distanced themselves from the protests that had taken such an unseemly turn. The SamyuktaKisanMorcha, an umbrella body of 41 farmer unions, alleged that some 'antisocial elements' infiltrated their otherwise peaceful movement. The union also condemned and regretted the "undesirable" and "unacceptable" events as the parade turned violent after several groups of farmers deviated from the predecided route for the march.

A protesting farmer died after his tractor overturned at Central Delhi's ITO during the farmers' tractor parade on Tuesday, police said. They said the details about the deceased are yet to be gathered. The man died as his tractor overturned at ITO where many farmers participating in the parade had reached from the Ghazipur border after taking a detour of the pre-agreed route for the march, an officer said. Police said the man was driving the tractor.

For outraging and instigating the protest, Sedition FIRs against the prominent congress leader ShashiTharoor, and six journalists over their allegedly “misleading” tweets on the violence and death of a protester during the tractor rally in Delhi on Republic Day. FIR has been filed for invoking IPC sections of sedition, criminal intimidation, promoting enmity, provocation to break public peace, criminal conspiracy, outraging religious feelings, among others.

- Chandan Jha