Cutting a cake made of the national flag and distributing it is not a punishable offense. There is no law to punish for this. The Madras High Court has said this in its decision. Justice N. Anand Venkatesh, hearing the application of a Coimbatore policeman, said that section two of the Prevention of Insult to National Honor Act 1971 does not provide any penalty for this act.
On December 25, 2013, a cake was made of six feet in length and five feet in height at a public event held on Christmas. This cake was painted with the color of the national flag and there was a circle in the middle of it. In the program, this cake was cut and distributed to about 2,500 people. One thousand children were also included in these.
The District Collector and Commissioner of Police of Coimbatore were also involved in the event. In the case complaining of insult to the national flag. D Senthil Kumar of the Hindu Public Party demanded a case be filed at the police station. When no action was taken by filing a case on this complaint, the complainant went to the District Court regarding the case. On February 17, 2017, the local court ordered a case to be filed.
The Police Inspector of Coimbatore appealed to the High Court against the order of the District Court. Hearing on this appeal, the High Court said that there is no provision of punishment in the case. The High Court also clarified the position regarding the insult of national emblems. Said, emblems are respected under emotion — not for show. The High Court has quashed the order of the lower court to take action by filing a lawsuit.