Pro-Khalistani groups have planned a protest on Republic Day. (File photo)
HIGHLIGHTS
- The protest has been called right across Indian embassy in Washington DC
- While a criminal act in India, US laws don't forbid burning of flags
- Indian govt raised concerns and shared the group's information with US
A pro-Khalistan group is planning a 'burning of the Indian flag' protest right across the Indian embassy building in Washington DC this Saturday on January 26, India's Republic Day.
An invitation has been sent out to join the protest in the public park across the street from the Embassy of India at Massachusetts Avenue in DC.
India Today TV approached 'Sikhs For Justice' to find out whether they have got the requisite permission to carry out such an anti-India protest that include burning of the Indian national flag, a grave affront to the flag and to India.
While a criminal act in India, burning of flags is not a criminal offence in the United States. The 'rights' of protesters to burn/desecrate the American flag is protected under the 'first amendment'. The US Supreme Court has twice affirmed the right to desecrate the American flag as a form of free speech - in 1989 and 1990.
In 1989, in the Texas vs Johnson case, the US Supreme Court invalidated prohibitions on desecrating the American flag which until then was enforced in 48 of the 50 states.
The following year, in the United States vs Eichman case, the top court again affirmed the right to burn the flag when it ruled 5-4 that the Flag Protection Act of 1989 -- passed by Congress in response to the Johnson decision -- was unconstitutional.
"If there is a bedrock principle underlying the first amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable," said Justice William Brennan who wrote the majority decision in 1989.
Justice Anthony Kennedy, writing a concurrence, spelled out his reasoning said, "The hard fact is that sometimes we must make decisions we do not like. We make them because they are right, right in the sense that the law and the constitution, as we see them, compel the result."
While New Delhi has time and again raised the issue of anti-India protests in the past, it was met with the same response by the US administration that these fall under the 'freedom of speech' enshrined in the constitution.
The issue of allowing desecration of the American flag remains controversial to the present day. The US Congress, as recently as 2006, attempted to amend the constitution to prohibit flag desecration, with the effort failing by one vote in the senate.
The Khalistani group has taken advantage of this lacuna and planned to protest against the Indian State on the 70th Republic Day of India. In a statement, they say that they are protesting "Article 25(b) Of the Indian Constitution which labels Sikhs as Hindus".
Sources in the Indian government have raised concerns and shared information regarding this group and its funding with concerned countries. This Khalistani Group has also started advocating the Kashmir cause as represented by Pakistan.
While the US administration will not be able to stop a quiet protest on their soil even if it is across the Indian embassy building, the statements of the US President should be taken note of.
On November 29, 2016, then President-elect Donald Trump had tweeted, "Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!"
Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!
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This was after a massive debate had erupted over desecration of flags following a flag burning on November 10 on the campus of Hampshire College in Amherst, Massachusetts, as part of a post-election protest.
With the US President's strong views on the matter there might be yet another effort to bring out a law against burning of flags, but, for now, the Indian administration has nothing more than a few precautionary measures that it can take to ensure that the Republic Day celebrations and the flag hoisting ceremony at the Indian mission in DC goes without fracas or an incident.
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