Compare and contrast how courts in USA and India have viewed insult to objects of national unity such as flag or national anthem by citizens of their country.

Any country in the world is represented by some objects such as national flag,national anthem etc. Courts in different countries do not pronounce the same attitude towards honoring these objects.When compared this between courts in US and India

US Courts:

  1. Burning of the flag in US is not considered as sedition by courts but simply comes under the offence ” desecrating the venerated objects”
  2. In another case, US supreme court said that “neither US nor any other state courts may require individuals to express favourable  behavior towards national flag”
  3. Courts give the precedence to individual rights such freedom of speech ,freedom of choice etc over objects representing the national honors


  1. In a case of school expelling the children for not singing the national anthem, Indian Supreme court said that they are expressing freedom of  silent which is implicit in the freedom of speech clearly giving priority to individual rights as in the case of US Supreme court
  2. But in recent verdict, it contradicted it’s previous verdict that national anthem should be sing in every cinema hall and everyone should stand while singing it . In this Case SC clearly undermined the individual rights and freedom choice

To preserve the national integrity and unity, one must respect the national honors and the same time courts should guarantee fundamental rights to people. Any disrespect caused for these objects should be taken on case by case and should pronounce appropriate verdict.


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