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Do we really care about our National Flag?

Do we really care about our National Flag?
- Dr. Kalpeshkumar L Gupta

Republic Day is approaching; feeling of patriotism will start pouring around us. Same for the Independence day. We all listen patriotic songs, see patriotic movies telecasted by different channels, buy flags and fix on our vehicles, home, offices etc. Earlier it was not allowed to put flag on our/home/buildings etc. but it became possible because of Flag Code which permits to do so. This helped many of us to display patriotism towards our beloved nation. We know there are pros and cons of any actions, this also had. This freedom leads to disrespect to our national flag, in terms of bad conditions of flag used i.e. torn/mutilated flags during and after the celebration. On the eve of Independence Day, Republic Day and on the day of celebration, we can see vendors on the both side of the road selling flags and different articles for celebrating the day, we all enthusiastically purchase it and fix to our vehicles. This scenario is very encouraging but what is the situation by the evening or next day, flags are lying on the roads, in sewer in mutiliated condition. For this situation we purchased the flag which shows utter disrespect to our national flag which is the pride of our nation? In another scenario some people burns national flags in agitation, during protest and media reporting is also done but final actions, we do not have any idea about it. Many people died for honour of flag and we do not bother about it at all. Some country spirited person picks up flags and put it at proper place or dispose it in proper way. It is pertinent of note that we have laws, rules in place regarding the said matter but how it is being enforced that we all know. Let us have a glance on laws related to national flags and matter related to it.

Prevention of Insults to National Honour Act, 1971 enacted to prevent insults to national honour which extends to the whole of India.

Section 2. Insults to Indian National Flag and Constitution of India. — Whoever in any public place or in any other place within public view burns, mutilates, defaces, difiles, 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.  Please read four explanations for further understanding

Section 3A. Enhanced penalty on second and subsequent convictions. — 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.

Ministry of Home Affairs, Govt. of India issued a direction to all state governments/union territories regarding strict compliance of the provisions contained in the ‘Flag Code of India, 2002’ and ‘Prevention of Insults to National Honour Act, 1971’ on August 2, 2018. Letter stated that Indian National Flag represents hopes and aspirations of the people of our country and hence should occupy a position of honour. There is universal affection and respect for, and loyalty to, the National Flag. Yet, a perceptible lack of awareness is often noticed amongst people as well as organisations/agencies of the Govt., in regard to laws, practices and conventions that apply to display of the National Flag. A copy each of ‘The Prevention of Insults to National Honour Act, 1971’ and ‘Flag Code of India, 2002’ which governs display of National Flag are enclosed herewith for strict compliance of the provisions contained in the act and the flag code. You are requested to create mass awareness programme in this regard and also to give wide publicity through advertisements in the electronic and print media.
Further, it has been brought to notice of this ministry that on the occasions of important national, cultural and sports events, the National Flags made of plastic are also being used in place of National Flag made of paper. Since, plastic flags are not biodegradable like paper flags, these do not get decomposed for a long time and ensuring appropriate disposal of National Flags made of plastic commensurate with dignity of the flag, is a practical problem. You are, therefore, requested to ensure that on the occasions of important national, cultural and sports events, Flags made of proper only are used public in terms of the provisions of them ‘Flag Code of India, 2002’ and such paper Flags are not discarded or thrown on the ground after the event. Such Flags are to be disposed of, in private, consistent with the dignity of the Flag. You are also requested to give wide publicity, for not using the National Flag made of plastic in the electronic and print media.
There is universal affection and respect for, and loyalty to, the National Flag. Yet, a perceptible lack of awareness is often noticed not only amongst people but also in the organisations/agencies of the Government, in regard to laws, practices and conventions that apply to the display of the National Flag. Apart from non-statutory instructions issued by the Government from time to time, display of the National Flag is governed by the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971. 

Flag Code of India, 2002 is an attempt to bring together all such laws, conventions, practices and instructions for the guidance and benefits of all concerned. For the sake of convenience, Flag Code of India, 2002, has been divided into three parts. 

Part I – General 

This part contains general information regarding colour, size, and quality of the National Flag

Part II – Hoisting/Display/Use of National Flag by members of Public, Private Organisations, Educational Institutions etc,

Section I

2.1 There shall be no restriction on the display of the National Flag by members of general public, private organisations, educational institutions etc.

2.2 A member of public, a private organisation or an educational institution may hoist/display the National Flag on all days and occasions, ceremonial or otherwise.

Section II

2.3 The National Flag may be hoisted in educational institutions (schools, colleges, sports camps, scout camps etc.) to inspire respect for the flag.

Part III - Hoisting/Display/Use of National Flag Central and State Governments and their organisations and agencies.

Section I - Defence Installations/Heads of Missions/Posts
Section II – Official Display
Section III – Correct Display
Section IV – Incorrect Display
Section V – Misuse
Section VI – Salute
Section VII – Display with flags of other nations and of United Nations
Section VIII – Display over public buildings/official residences
Section IX – Display on Motor Cars
Section X – Display on Trains/Aircrafts
Section XI – Half-Masting

Looking at the above arguments and various legal provisions now it’s time to introspect ourselves and answer the question we started with - Do we really care about our National Flag? The answer is no.

Wish you a very Happy Republic Day !

Jai Hind !

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