Baljinder Singh, a 32- year old farmer, reportedly died in a road accident while he was on his way to join the farmers’ protest in Ghaziabad. His last rites were performed on Wednesday. While the last rites were performed, his body was draped in the tricolour.
In response to this act of draping the body of the deceased in a tricolour, the Police invoked provisions of the Prevention of Insults to National Honour Act, 1971 and booked relatives of the deceased.
The Police officials incharge of the matter, stated that:
“His family reportedly draped Baljinder’s body in the tricolour before the cremation. This is an insult to the national flag.” And that only the body of a person given a national honour can be draped in a tricolour like this. “...an FIR [first information report] was lodged against the family members.
In this background, the Prevention of Insults to National Honour Act, 1971, is explained below in the form of FAQs.
Q1. What is the legislative intent behind bringing this Act?
“An Act to prevent Insults to National Honour.”
This Act has been promulgated by the Parliament of India in the Year 1971 with an aim to prevent Insults to National Honour that is.Indian National Flag, National Anthem or the Constitution of India or any part thereof. This Statute has Four Sections and they includes Prevention of singing of Indian National Anthem and enhanced penalty on second and subsequent convictions.
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Q2. What is the scheme of the Act?
The consists of the following four sections:
1. Short title and extent
2. Insult to Indian National Flag and Constitution of India
3. Prevention of singing of Indian National Anthem, etc
3-A. Enhanced penalty on second and subsequent convictions
Q3. Which acts are made punishable under the Act?
The following acts are made punishable offence in this act [Section 2]:
a). Burning, mutilating, defacing, defiling, disfiguring, destroying, trampling upon or
b). otherwise showing disrespect to or bringing into contempt (whether by words, either spoken or written, or by acts)
c). the Indian National Flag or the Constitution of India or any part thereof,
d). in any public place or in any other place within public view.
Q4. What is the the quantum of punishment prescribed for the above mentioned offences?
The punishment prescribed in section 2 is imprisonment for a term which may extend to three years, or with fine, or with both.
Q5. Whether lawful criticism of the aspects of ‘national honour’ (like the national flag, or the constitution) is also a punishable offence?
No. Explanation 1 attached to section two provides that comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.
Q6. What does ‘national flag’ include in it?
Explanation 2 of section 2 provides that the expression Indian National Flag includes any picture, painting, drawing or photograph, or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance.
Q7. Which acts constitute the offence of ‘disrespecting the Indian National Flag?’
Explanation 4, of section 2 provides that the disrespect to the Indian National Flag means and includes:
(a) a gross affront or indignity offered to the Indian National Flag; or
(b) dipping the Indian National Flag in salute to any person or thing; or
(c) flying the Indian National Flag at half-mast except on occasions on which the Indian National Flag is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or
(d) using the Indian National Flag as a drapery in any form whatsoever except in State funerals or armed forces or other para-military forces funerals; or
(e) using the Indian National Flag,
(i) as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or
(ii) by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material; or]
(f) putting any kind of inscription upon the Indian National Flag; or
(g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part of celebrations on special occasions including the Republic Day or the Independence Day; or
(h) using the Indian National Flag as covering for a statute or a monument or a speakers desk or a speakers platform; or
(i) allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or
(j) draping the Indian National Flag over the hood, top and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or
(k) using the Indian National Flag as a covering for a building; or
(l) intentionally displaying the Indian National Flag with the saffron down
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Q8. What is the punishment prescribed for preventing someone else from singing Indian National Anthem?
Section 3 provides that whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Q9. What is the enhanced punishment given for repeated commision of offence mentioned under section 2 or section 3?
Section 3- A provides for enhanced penalty on second and subsequent convictions. It states that whoever, having already been convicted of an offence under section 2 or section 3, is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year.
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