Flag error overshadows Mehbooba’s Article 370 protest

A political controversy erupted in Srinagar after Peoples Democratic Party president Mehbooba Mufti was seen holding the national flag upside down during a protest against the constitutional changes imposed on Jammu and Kashmir in August 2019.
Mufti, a former chief minister of the erstwhile state, led PDP workers in an overnight sit-in outside the party headquarters on Tuesday. The demonstration preceded the seventh anniversary of the removal of Jammu and Kashmir’s special status and its division into two Union Territories.

During the protest, Mufti held the national flag alongside the red flag that represented the former state of Jammu and Kashmir. Images and video footage showed the green band of the national flag at the top and the saffron band at the bottom.

Officials described the display as erroneous. Authorities were examining whether the incident amounted to a breach of rules governing the use of the national flag and whether further action was warranted.

The Flag Code of India requires the saffron band to remain uppermost when the flag is displayed horizontally. When displayed vertically, the saffron band must appear on the left from the observer’s perspective. The Prevention of Insults to National Honour Act also provides penalties for intentional disrespect towards the flag.

Whether an accidental inversion meets the legal threshold for prosecution would depend on the circumstances, evidence of intent and the view taken by law-enforcement agencies. No formal charge had been announced in the initial aftermath of the protest.

The controversy shifted public attention away from the PDP’s principal demand: restoration of Jammu and Kashmir’s constitutional position before August 5, 2019. The party has also called for a wider political process to address public grievances, the release of detainees and what it describes as an erosion of democratic and federal principles.

Mufti and other protesters remained outside the PDP office after beginning the demonstration late on Tuesday. Party workers carried placards and raised slogans opposing the constitutional decisions taken seven years ago.

The PDP had announced protests at district headquarters across Jammu and Kashmir to mark August 5 as a day of protest. The National Conference and Congress also planned separate programmes, while the Bharatiya Janata Party prepared events supporting the 2019 changes.

Security was tightened across sensitive parts of Jammu and Kashmir ahead of the anniversary. Police and paramilitary personnel were deployed at several locations to prevent confrontations and maintain public order.

The competing demonstrations reflected the continuing divide over the constitutional reorganisation. The Centre and the BJP maintain that the removal of Jammu and Kashmir’s special status strengthened national integration, extended central laws to the territory and opened new avenues for investment and development.

The PDP argues that the decision was imposed without the consent of the people and weakened the constitutional relationship under which Jammu and Kashmir joined the Union. It has sought to keep the restoration of Article 370 at the centre of political debate, even as the National Conference government has placed greater immediate emphasis on the return of full statehood.

Article 370 had allowed Jammu and Kashmir its own constitution and substantial authority over internal matters. Article 35A empowered the former state legislature to define permanent residents and determine their rights to land, government employment and other benefits.

The constitutional provisions were rendered inoperative through presidential orders and parliamentary action on August 5 and 6, 2019. The Jammu and Kashmir Reorganisation Act subsequently divided the state into the Union Territories of Jammu and Kashmir, which has a legislature, and Ladakh, which does not.

The Supreme Court upheld the constitutional changes in December 2023. It also directed that assembly elections be held and said statehood should be restored at the earliest possible opportunity. Elections later produced an elected government in Jammu and Kashmir, but the demand for statehood remains a major point of friction between the regional leadership and the Centre.

Mufti’s political position has also carried added sensitivity because the PDP governed Jammu and Kashmir in alliance with the BJP between 2015 and 2018. The coalition collapsed after the BJP withdrew its support, leading first to governor’s rule and then to direct central administration.