Is waving a Palestinian flag a crime in India?

In states across India, such as Bihar, Jharkhand, Uttar Pradesh, Madhya Pradesh, Gujarat and Jammu & Kashmir, police have filed cases against nearly two hundred Muslim youths. Approximately fifty youths have been arrested, so far, with many others detained and interrogated. Charges have been registered under various sections, including those related to disrupting communal harmony and undermining national unity and integrity. Meanwhile, Kashmiri youths have been affected by stringent laws like the Unlawful Activities (Prevention) Act (UAPA). These youths all share a common “offense” — waving the Palestinian flag during Muharram processions.

A Hindu extremist leader has labelled Palestine supporters in India as “traitors” and said “those who waved the Palestinian flag during the Muharram procession should be hunted down and killed.” During his hate-filled statement, his supporters displayed the flag of Israel behind him. Simultaneously, Assam Chief Minister, Himanta Biswa Sarma, from the Hindu right-wing party, BJP, has politicised the issue in Jharkhand ahead of upcoming elections within three months.

As the Hijri calendar begins, Shia Muslims start their majlis and mournings, while Sunni Muslims also take out processions and showcase their art with staff and sticks.

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India has historically supported Palestine, with the Palestinian cause being integral to its foreign policy. In 1974, India became the first non-Arab state to recognise the Palestine Liberation Organisation and, in 1988, it was the first country globally to recognise the Palestinian State. Today, however, waving the Palestinian flag in India has been criminalised. Here, I have highlighted specific instances where individuals waved the Palestinian flag during Muharram processions in India and the ensuing police actions. These cases are only those that have been reported through social media or various websites.

Agra (Uttar Pradesh): Police have filed a case against multiple unidentified youths for waving the Palestinian flag during the Muharram procession. They are currently using video footage to identify the individuals and make arrests.

Bagaha (Bihar): During the Muharram procession in the Bhairoganj police station area, a Palestinian flag was waved. Police have arrested two individuals, based on a complaint by Hindu extremist activists. According to the police, one suspect is currently evading arrest.

Bhadohi (Uttar Pradesh): Police arrested a man for allegedly waving a Palestinian flag during a procession held after the sighting of the Muharram moon on 7 July. A case has been filed against the arrested individual on charges related to purportedly affecting national unity. The authorities are also searching for another man involved in the incident.

Bhagalpur (Bihar): A youth waved the Palestinian flag during the Muharram procession here. Police are currently investigating the incident and assure that the perpetrators will face consequences.

Bokaro (Jharkhand): On 17 July, a young man waved a Palestinian flag during a Muharram procession here. Two days later, the video went viral on social media. Subsequently, the police have launched a search for this unidentified youth.

Darbhanga (Bihar): An FIR has been filed against two individuals and several unidentified persons for waving the Palestinian flag during the Muharram procession on 8 July, 2024. A viral video emerged on 13 July showing a youth waving the flag in the Kilaghat area during the procession. The police have acknowledged the video and initiated an investigation into the matter.

Deoria (Bihar): During the Muharram procession, some youths waved the Palestinian flag. The police have launched an investigation following queries raised by Hindu extremists on social media.

Dumka (Jharkhand): Police have acknowledged the incident of waving a Palestinian flag during the Muharram procession and arrested two youths. BJP state president, Babulal Marandi, and Godda MP, Nishikant Dubey, have called for stringent action against the offenders in this case.

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Fatehpur Sikri (Uttar Pradesh): Police arrested 14 people for chanting slogans in support of Palestine during the Muharram procession.

Giridih (Jharkhand): A youth waved a Palestinian flag during a Muharram procession in the Deori police station area. The police confiscated the flag, and the youth has been apprehended.

Gopalganj (Bihar): A young man waved the Palestinian flag during the Muharram procession. According to reports, the police are gathering information to identify the individual and determine the motive behind waving the Palestinian flag.

Jamshedpur (Jharkhand): A Palestine flag was waved during the Muharram procession in the Jugsalai and Kadma police station areas. Following this, Hindu extremist organisations have submitted a demand letter to the police, warning of potential violent protests and agitation if swift action is not taken.

Kaimur (Bihar): On 15 July, two days before the Muharram procession on Ashura, the police raided printing press shops here. Media reports indicated that the police received information about the production of Palestine flags and T-shirts. Subsequently, the police remained vigilant. However, no Palestine flags or T-shirts were found during the raid. Following this, all printing press owners have been cautioned against printing such items, with a warning of legal action for any violations.

Kanpur (Uttar Pradesh): A young man waved a Palestinian flag during a Muharram procession. The police are currently investigating the incident.

Kargil (Ladakh): Several slogans, including “We stand with Gaza” and “We stand with Palestine” were raised in support of Palestine during a Muharram procession here, accompanied by a 20-meter-long Palestinian flag.

Khandwa (Madhya Pradesh): A case has been filed against four individuals who have been detained for waving the Palestinian flag during the Muharram procession. According to the police, this action was initiated following a complaint lodged by members of Bajrang Dal.

Lohardaga (Jharkhand): A video showing some minor boys waving the Palestinian flag at Rehmat Nagar main square in the urban area recently went viral. The police have acknowledged the video and are investigating the incident. They emphasized that, if there is any evidence confirming the incident, appropriate action will be taken against those involved in hoisting and waving the flag of a foreign country on Indian soil.

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Motihari (Bihar): In Mehsi village, a youth waved a Palestinian flag during the Muharram procession. The police subsequently arrested the youth.

Murshidabad (West Bengal): Allegedly, a Palestinian flag was waved during a Muharram procession here. BJP leader, Suvendu Adhikari, shared a video of the incident on social media and demanded action. However, the police stated they currently have no information about the incident but are investigating the matter.

Narkatiaganj (Bihar): During the Muharram procession in the Shikarpur police station area, slogans of “Palestine Zindabad” were raised, along with waving the Palestinian flag. Police have arrested four individuals in connection with this incident and filed cases against more than 50 people. Following these arrests, local MLA, Virendra Prasad Gupta, has reacted, demanding the state government release the arrested youth and completely resolve the case.

Nawada (Bihar): Police arrested three youths for waving the Palestinian flag during a Muharram procession here.

Rajgadh (Madhya Pradesh): A Palestinian flag was waved during a Muharram procession. In response, the Hindu extremist organisation, Bajrang Dal, submitted a memorandum to the police, demanding immediate action. The police have arrested the youth who waved the flag.

Ramgarh (Jharkhand): Hindu extremist organisations allege that a Palestinian flag was waved during a Muharram procession in a village in Bhadaninagar. However, the police stated that, after receiving the information, they inspected all the flags in the procession but did not find any Palestinian flags. Subsequently, a minor boy was arrested in connection with this incident, and the court sent him to a juvenile home.

Ranchi (Jharkhand): In Torpa, it was alleged that a Palestinian flag was waved during the Muharram procession. According to reports, participants in the procession promptly removed the flag, although it remains uncertain if the flag was, indeed, of Palestinian origin.

Sahibganj (Jharkhand): The administration has initiated action against nine Muharram committees following allegations of a Palestinian flag being hoisted in a procession here. Reports indicate that the licenses of these committees have been revoked, and FIRs have been filed against their president, secretary and associates.

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Sherghati (Bihar): In the incident involving the waving of a Palestinian flag during the Muharram procession, the police have registered a case against four named individuals and half a dozen unidentified people under various sections, including charges of attempting to disrupt national unity and integrity.

Srinagar (Kashmir): On 15 July, a Muharram procession took place in the city in solidarity with Palestinians, despite the lieutenant governor’s strict prohibition of pro-Palestine demonstrations in Kashmir. The Jamia Masjid was repeatedly closed to prevent expressions of support for Palestine. Dozens of individuals were arrested under the stringent Unlawful Activities (Prevention) Act (UAPA) for waving the flags of Palestine and Hezbollah.

Supaul (Bihar): The Chhatapur police station has filed an FIR against three youths for waving the Palestinian flag during the Muharram procession.

Unnao (Uttar Pradesh): During the Muharram procession in the Gangaghat area, a Muslim youth waved the flag of Palestine. The police have arrested the youth in connection with this incident.

Vadodara (Gujarat): On 14 July, an unidentified individual waved a Palestinian flag during a Muharram procession in the Savli area here. The police promptly removed the flag and initiated an investigation. Three minor boys are currently being questioned in connection with this incident.

The police acted swiftly upon the waving of Palestinian flags, promptly confiscating them during Muharram processions across various cities. Every flag and printing press involved was closely monitored, and a special investigation team was established, treating the act as a serious offense. This has sparked public inquiry on social media, particularly regarding Union Minister, Kiren Rijiju’s presence at a Muharram gathering in Kargil, where he was seen alongside a Palestinian flag and wearing a keffiyeh. This has raised questions about the perceived inconsistency in the treatment of waving flags and wearing attire associated with different geopolitical affiliations.

Contrastingly, when Hindutva organisations rallied in support of Israel, waving Israeli flags in the capital, there was no reported police action against them. On 18 July, in Khandwa, Madhya Pradesh, Hindu extremist groups brandished Israeli flags, issuing threats against those expressing solidarity with Palestine. There is a valid query about the response of law enforcement to such incidents.

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Along with this, the Indian media has been working day and night to prove that the Palestinian flag waved in Muharram processions was wrong. The people waving the flag are being called fundamentalists. It is being seen as a conspiracy. In such a situation, the question also arises that why does this media not discuss whether waving the Israeli flag is right or wrong? Should not this media have asked the Indian government, the state government or the administration to clarify whether waving the Palestinian flag in India is a crime?

Waving the Palestinian flag in solidarity is perceived by many as a non-offensive gesture that does not threaten national unity or communal harmony.

Here, there should also be a debate on the fact that waving the flag in support of Palestine is not an act that hurts any religion or community. Then, how are the unity and integrity of the country being endangered by this? With India historically supporting Palestine, citizens expressing similar sentiments should not face legal repercussions. These issues underscore the need for balanced discourse and the consistent application of laws to ensure fairness and protect freedoms.

Is waving the Palestinian flag a crime in India?

According to noted lawyer and human rights activist, Vrinda Grover, waving the Palestinian flag in India is not a criminal act. In a media interview, she stated, “Such cases are registered to create a chilling effect. Political representation is very much part of freedom of expression; it has been assaulted in these cases. The Palestine Embassy is located in Delhi; merely waving a flag does not amount to a criminal offence.”

From a legal perspective, India does not have a law prohibiting the display of the flags of countries with which it maintains cordial relations. The Flag Code of India, 2002, extensively covers guidelines for displaying flags of other nations in Section 7. Following these updates, the Ministry of Home Affairs issued a letter to all state governments and union territories on July 18, 2023, outlining the ‘Salient Features of the Flag Code of India.’ It specifies that “no other flag or bunting should be placed higher than or above or side by side with the National Flag.”

Earlier, Bathinda-based RTI activist, Harmilap Grewal, requested the Union Ministry of Home Affairs (MHA) to provide a list of nations whose flags are banned or illegal to be displayed or hoisted within India by individuals? The Centre responded by stating that it has no information regarding any ban on hoisting foreign flags within India. Furthermore, there is no information available regarding the existence of a list specifying foreign sports teams or individual sports people who cannot be supported or cheered in India.

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What are Indian political leaders saying?

BJP’s Union Minister, Giriraj Singh, said that All India Majlis-e-Ittehadul Muslimeen (political party) MP, Asaduddin Owaisi, is the real culprit behind Muslim youth waving the Palestinian flag because he raised the slogan ‘Jai Palestine’ (Long Live Palestine) during oath taking in the Lok Sabha. Giriraj Singh said that “if an experienced MP like Owaisi says ‘Jai Palestine’ inside the Parliament while taking the oath, then it is natural that the number of such people will increase in the country.”

Congress General Secretary, Priyanka Gandhi, wrote on social media platform X, “The day of Muharram reminds us of the martyrdom of Hazrat Imam Hussain for principles and justice. His sacrifice inspires us to stand with the oppressed and to fight for justice and truth. Salute to the martyrdom of Hazrat Imam Hussain.”

She added, “Today we should make the world realise the oppression being done to our Palestinian brothers and sisters and the martyrdom of thousands of their innocent children. The injustice being done to them is a crime against every principle of humanity. We should strengthen every effort to stop this crime.”

CPI (ML) Liberation General Secretary, Dipankar Bhattacharya, stated, “We are with Palestine; we are with its freedom. In such a situation, coming on the streets with the flag of Palestine is not a crime. This is the call of humanity at this time. This is the voice of justice all over the world. It is wrong to put it in the category of crime and take action against anyone.”

Similarly, the central committee member and MLA of the same party, Virendra Prasad Gupta, also said, “The flag of Palestine is not banned anywhere in the world, nor in our country. So when did supporting Palestine become a crime in India? The government owes us an answer.

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The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.