The Prevention of Insults to National Honour Act, 1971 is an Act of the

Parliament of India The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok ...

which prohibits the desecration of or insult to the country's

national symbol A national symbol is a manifestation of a nation or community, serving as a representation of their National identity, identity and values. National symbols may be not only applied to sovereign states but also nations and countries in a state of ...

s, including the

national flag A national flag is a flag that represents and national symbol, symbolizes a given nation. It is Fly (flag), flown by the government of that nation, but can also be flown by its citizens. A national flag is typically designed with specific meanin ...

, national emblem,

national anthem A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and European ...

, national motto, the

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

, and the map of India.

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 The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...

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 or digital picture Explanation 3 – The expression 'dishonour Indian map' means if anywhere map represented with respective manner, tapping map on road or any public place. Explanation 4 – The expression 'public place' means any place intended for use by, or accessible to, the public and includes any public conveyance. Explanation 5 - 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) 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 An independence day is an annual event memorialization, commemorating the anniversary of a nation's independence or Sovereign state, statehood, usually after ceasing to be a group or part of another nation or state, or after the end of a milit ...

; 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

As provided in Section 3 of the Act, whoever intentionally prevents the singing of the Jana Gana Mana 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 recognises 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.

History

The earliest version of the law was passed by the state legislature of Tamil Nadu (then Madras State) in 1957 as a response to

Dravidar Kazhagam Dravidar Kazhagam is a social movement founded by E. V. Ramasamy, 'Periyar' E. V. Ramasamy. Its original goals were to eradicate the ills of the existing caste and class system including untouchability and on a grander scale to obtain a "Dra ...

(DK) and

Dravida Munnetra Kazhagam The Dravida Munnetra Kazhagam (; ; DMK) is an Indian political party based in the state of Tamil Nadu, where it is currently the ruling party, and the union territory of Puducherry (union territory), Puducherry, where it is currently the main ...

(DMK), prominent south Indian parties that opposed the caste system and the use of

Hindi Modern Standard Hindi (, ), commonly referred to as Hindi, is the Standard language, standardised variety of the Hindustani language written in the Devanagari script. It is an official language of India, official language of the Government ...

as the

official language An official language is defined by the Cambridge English Dictionary as, "the language or one of the languages that is accepted by a country's government, is taught in schools, used in the courts of law, etc." Depending on the decree, establishmen ...

. By 1 December 1957, over 2,000 DK members had been arrested under the law, and on 14 December, DK founder E. V. Ramasami was arrested under the law and sentenced to six months' imprisonment. The national legislature passed a version of the law in 1971. Significant amendments were added in 2003 and 2005, which prohibited many previously common uses of the flag, such as draping it over a podium during a speech, using it as decoration, or incorporating it into clothing designs. Part IVA of the constitution stipulates fundamental duties of Indian citizens which includes to abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem. This Act stipulates the punishment to be awarded for violating Article 51Aa of the constitution. The President, the

Vice President A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...

, the

Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...

, the Speaker of the Lok Sabha, and other government officials are liable for disqualification upon committing any violation of the constitution under this Act read with sections 7 and 8(k) of Representation of the People Act, 1951. When courts quash the unconstitutional deeds or actions of the executive (that is, convicted without punishment under this Act), it is nothing but written acts/actions/deeds within public view bringing into contempt of the

or any part thereof.

References