Prevention of Insults to National Honour Act

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not Much

Mains level: Prevention of Insults to National Honour Act

Police have booked several under The Prevention of Insults to National Honour Act, 1971, for the alleged insult of the National Flag in farmers protest on Republic Day.

Prevention of Insults to National Honour Act

  • The law, enacted on December 23, 1971, penalizes the desecration of or insult to Indian national symbols, such as the National Flag, the Constitution, the National Anthem, and the Indian map, as well as contempt of the Constitution of India.
  • Section 2 of the Act deals with insults to Indian National Flag and Constitution of India.

Do you know?

Article 51 ‘A’ contained in Part IV A i.e. Fundamental Duties asks:

To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem in clause (a).

Other provisions

  • Section 3.22 of The Flag Code of India, 2002 deals with laws, practices and conventions that apply to the display of the national flag.
  • Section 3.58 says: On occasions of State/Military/Central Paramilitary Forces funerals, the flag shall be draped over the bier or coffin with the saffron towards the head of the bier or coffin.
  • The Flag shall not be lowered into the grave or burnt in the pyre.

Try this PYQ:

Q.The national motto of India, ‘Satyameva Jayate’ inscribed below the Emblem of India is taken from:

(a) Katha Upanishad

(b) Chandogya Upanishad

(c) Aitareya Upanishad

(d) Mundaka Upanishad

Use of flag in funerals

  • The flag can only be used during a funeral if it is accorded the status of a state funeral.
  • Apart from police and armed forces, state funerals are held when people who are holding or have held the office of President, Vice-President, PM, Cabinet Minister, or state CM pass away.
  • The status of a state funeral can be accorded in case of death of people not belonging to the armed forces, police or the above-mentioned categories by the state government.
  • Then too, the national flag can be used.

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