Prevention of Insults to National Honour Act
Encyclopedia
The Prevention of Insults to National Honour Act,1971 is a law in India
prohibiting desecration of or insult to the country's national symbols, including the flag
, constitution
, and anthem
.
The earliest version of the law was passed hastily by the state legislature of Tamil Nadu
(then Madras State) in 1957 as a response to Dravidar Kazhagam
(DK) and Dravida Munnetra Kazhagam
(DMK), radical south India
n parties that opposed the caste system and the use of Hindi
as the national language. By December 1, 1957 over 2000 DK members had been arrested under the law, and on December 14, DK founder E. V. Ramasami Naicker was arrested under the law and sentenced to six months' imprisonment. In 2008, Professional tennis player Sania Mirza
was implicated under this act for alleged insult of the Indian flag
.
The national legislature passed a version of this law in 1971, with significant amendments in 2003 that further prohibited many previously common uses of the flag, such as draping it over a podium during a speech, using it as decor, or incorporating it into clothing designs.
Explanation 1 – 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.
Explanation 2 – 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.
Explanation 3 – The expression “public place” means any place intended for use by, or
accessible to, the public and includes any public conveyance.
Explanation 4 - 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 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:- as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or 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 statue or a monument or a speaker’s desk or a speaker’s 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.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
prohibiting desecration of or insult to the country's national symbols, including the flag
Flag of India
The National flag of India is a horizontal rectangular tricolour of deep saffron, white and India green; with the Ashok Chakra, a 24-spoke wheel, in navy blue at its centre. It was adopted in its present form during a meeting of the Constituent Assembly held on 22 July 1947, when it became the...
, constitution
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, and anthem
Jana Gana Mana
Jana Gana Mana is the national anthem of India. Written in highly Sanskritized Bengali, it is the first of five stanzas of a Brahmo hymn composed and scored by Nobel laureate Rabindranath Tagore. It was first sung at the Calcutta Session of the Indian National Congress on 27 December 1911...
.
The earliest version of the law was passed hastily by the state legislature of Tamil Nadu
Legislature of Tamil Nadu
The Tamil Nadu Legislative Assembly is the sole house of the unicameral Tamil Nadu Legislature. The Tamil Nadu Legislative Assembly alone has powers to legislate laws covering state subjects in the Indian state of Tamil Nadu. It has a strength of 235 members of whom 234 are democratically elected...
(then Madras State) in 1957 as a response to Dravidar Kazhagam
Dravidar Kazhagam
Dravidar Kazhagam or Dravida Kazhagam was the first fully Dravidian party in India. It was a radical party formed by E. V. Ramaswamy, also called Thanthai Periyar of erstwhile Madras Presidency...
(DK) and Dravida Munnetra Kazhagam
Dravida Munnetra Kazhagam
Dravida Munnetra Kazhagam is a state political party in the states of Tamil Nadu and Pondicherry, India. It is a Dravidian party founded by C. N. Annadurai as a breakaway faction from the Dravidar Kazhagam headed by Periyar...
(DMK), radical south India
South India
South India is the area encompassing India's states of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu as well as the union territories of Lakshadweep and Pondicherry, occupying 19.31% of India's area...
n parties that opposed the caste system and the use of Hindi
Hindi
Standard Hindi, or more precisely Modern Standard Hindi, also known as Manak Hindi , High Hindi, Nagari Hindi, and Literary Hindi, is a standardized and sanskritized register of the Hindustani language derived from the Khariboli dialect of Delhi...
as the national language. By December 1, 1957 over 2000 DK members had been arrested under the law, and on December 14, DK founder E. V. Ramasami Naicker was arrested under the law and sentenced to six months' imprisonment. In 2008, Professional tennis player Sania Mirza
Sania Mirza
Sania Mirza is a professional Indian tennis player. She began her tennis career in 2003 and is well known for her powerful forehand ground strokes. She is the first ever Indian to break into the top 30 WTA rankings...
was implicated under this act for alleged insult of the Indian flag
Flag of India
The National flag of India is a horizontal rectangular tricolour of deep saffron, white and India green; with the Ashok Chakra, a 24-spoke wheel, in navy blue at its centre. It was adopted in its present form during a meeting of the Constituent Assembly held on 22 July 1947, when it became the...
.
The national legislature passed a version of this law in 1971, with significant amendments in 2003 that further prohibited many previously common uses of the flag, such as draping it over a podium during a speech, using it as decor, or incorporating it into clothing designs.
Relevance
This Act is widely applied in all cases where a case of insult to National Honour, through disrespect to National Symbols, is reported, public or not, as well as intentional or otherwise.National Flag and Constitution
Whoever in any public place or in any other place within public view burns,
mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise
shows disrespect to or brings into contempt (whether by words, either spoken or
written, or by acts) the Indian National Flag or the Constitution of India or any
part thereof, shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
Explanation 1 – 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
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
or an alteration of the Indian National Flag
by lawful means do not constitute an offence under this section.
Explanation 2 – 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.
Explanation 3 – The expression “public place” means any place intended for use by, or
accessible to, the public and includes any public conveyance.
Explanation 4 - 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 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:- as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or 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
Republic Day
Republic Day is the name of a holiday in several countries to commemorate the day when they became republics.-1 January in the Republic of Slovakia:This was the day of creation of the Republic of Slovakia. A national holiday since 1993...
or the Independence Day
Independence Day (India)
The Independence Day of India is celebrated on the fifteenth of August to commemorate its independence from British rule and its birth as a sovereign nation in 1947. The day is a national holiday in India. All over the country, flag-hoisting ceremonies are conducted by the local administration in...
; or
(h) using the Indian National Flag as covering for a statue or a monument or a speaker’s desk or a speaker’s 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.
National Anthem
Whoever intentionally prevents the singing of the Indian National Anthem or
causes disturbances 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.
Penalty and Conviction
As Such the Law recognizes all the above cases, as grouped under Section (a)National Flag and Constitution (b)National Anthem, as offences and convicts the Penalties or sentences as follows.
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