The National Flag : Symbol Of Pride, Freedom, And Integrity

The National Flag of India, the Tiranga, is a profound emblem of our country's sovereignty, unity, and pride. It was adopted by the Constituent Assembly on July 22, 1947. Over the years, the rules governing its display, usage, and dignity have evolved, ensuring that it remains a revered symbol of our national identity. This article explores the history, legal aspects, and permissible uses of the Indian National Flag, particularly concerning its display by citizens and restrictions on commercial usage.

Historical Context And Legal Framework

In the years following independence, regulations regarding the display of the National Flag were framed by the Ministry of Home Affairs through the Flag Code of India, 1948-50. However, this code had no statutory backing and served merely as a set of executive instructions. Initially, the general public was permitted to display the National Flag only on specific occasions such as:

• Republic Day (January 23 to 29)
• National Week (April 6 to 13), in memory of the martyrs of Jallianwala Bagh
• Independence Day (August 15)
• Mahatma Gandhi’s Birthday (October 2)
• Any other day of national significance as specified by the Government of India

In 2002, following a landmark Supreme Court judgment in the Naveen Jindal case [(2004) 2 SCC 510], the right to fly the National Flag was recognized as a fundamental right under Article 19(1)(a) of the Constitution of India, subject to reasonable restrictions under Article 19(2). This ruling led to the revision of the Flag Code of India, allowing citizens to fly the flag throughout the year while adhering to prescribed guidelines.

The Flag Code Of India, 2002

The Flag Code of India, 2002, which came into effect on January 26, 2002, is divided into three parts:

1. Part I: General description of the National Flag.
2. Part II: Guidelines for the display of the National Flag by private individuals, organizations, and educational institutions.
3. Part III: Rules for display by government bodies and agencies.

Additionally, two statutes govern the usage of the National Flag:

• The Emblems and Names (Prevention of Improper Use) Act, 1950
• The Prevention of Insults to National Honour Act, 1971

These laws ensure that the National Flag is treated with the utmost respect and is not subjected to misuse.

Commercial Use Of The National Flag: Prohibited Practices

While every citizen has the right to display the National Flag with pride, the Flag Code of India, 2002, strictly prohibits commercial usage. Clause 3.29 of the Flag Code explicitly states:

“The Flag shall not be used in any form of advertisement nor shall an advertising sign be fastened to the pole from which the Flag is flown.”

The Rajasthan High Court ruling in a case involving an advertisement by the Department of Communications (published in major newspapers on January 26, 1991) reinforced this principle. The court ruled that depicting the Ashok Chakra in a telephone dial amounted to defacing the National Flag and constituted a violation of the Prevention of Insults to National Honour Act, 1971 and the then-existing Flag Code.

Common Violations Of The Flag Code

Several common practices amount to a violation of the Flag Code and related laws:

• Advertisements featuring the National Flag: Companies often publish advertisements on Independence Day or Republic Day incorporating the National Flag. If such an advertisement promotes specific goods or services, it is considered unlawful.
• Use of the Ashok Chakra in logos or designs: Incorporating the Ashok Chakra in the title of newspapers, magazines, or business logos is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
• Product endorsements using the National Flag: Showing individuals waving the National Flag while promoting a product—such as stating that their energy comes from a particular food supplement—violates the law.
• Improper depiction in media: Films, television shows, or digital content that depict the National Flag in a disrespectful or misleading manner are also subject to legal scrutiny.

The Sanctity Of The National Flag

The National Flag is not just a piece of cloth; it represents the sovereignty, dignity, and sacrifices made for the nation. Lt. Cdr. K.V. Singh, in his book on the Flag Code, emphasized that despite clear guidelines, some individuals fail to pay due respect to this sacred symbol—either out of ignorance or carelessness. It is crucial to uphold the integrity of the flag and ensure that it is not misused for personal or commercial gain.

Key Takeaways For Citizens

1. Right to Display: All citizens have the right to display the National Flag, but they must do so with dignity and in compliance with the Flag Code, 2002.
2. Respect and Compliance: The Flag must always be hoisted correctly, should not be allowed to touch the ground, and must not be used as a drapery or clothing.
3. No Commercial Use: The Flag or its components (Ashok Chakra, Tricolor) cannot be used for marketing, branding, or advertising.
4. Legal Consequences: Violations of the Flag Code or related laws can attract penalties under the Prevention of Insults to National Honour Act, 1971 and the Emblems and Names (Prevention of Improper Use) Act, 1950.
5. Educating the Public: Awareness programs should be promoted to educate individuals and businesses about the correct usage of the National Flag.

Conclusion

The Tiranga is a powerful symbol of India’s unity, freedom, and national pride. Citizens must exercise their right to display the National Flag responsibly, ensuring its dignity is upheld at all times. At the same time, strict adherence to the Flag Code, 2002, and related laws is essential to prevent its misuse, particularly in commercial contexts. By following these guidelines, we can ensure that our National Flag remains a true representation of India’s sovereignty and honor.

FAQs

A few FAQs based on respecting the Indian flag are as follows:

Q1. Can I use Gandhiji's spectacles and a walking stick, easily recognizable as symbols of Mahatma Gandhi, in my advertisement?

No, using symbols strongly associated with national figures like Mahatma Gandhi for commercial purposes is generally prohibited and considered disrespectful. Such usage can also mislead consumers into thinking there's an endorsement.

Q2. Is it okay to feature the Gateway of India in my food product advertisement, even if a prominent private building is also visible in the background?

Using images of national monuments like the Gateway of India is often restricted, especially if it prominently features a private building, as this could be seen as unfairly benefiting the business. You should seek the necessary permissions before including such landmarks.

Q3. Can I use the Ashok Chakra in the letter "O" of "Best Biscuit of India" in my advertisement?

No, the Ashok Chakra is a national emblem and its use is strictly regulated. Using it in commercial advertising, especially in a way that alters its form, is illegal and disrespectful to its symbolic importance.