Respecting The India National Flag: Legal Obligations And Rights

The phrase "Unity in Diversity, Strength in Freedom" captures the spirit of the Indian national flag and represents the diverse and peaceful coexistence of India's customs, traditions, cultures, and languages that have existed for aeons. It also promotes a vision of unity that flourishes on the freedom of all its citizens by acting as a moving reminder of the fundamental principles that unite the nation.

Constitutional Perspective

Constitution being the "Supreme law of the land" holds significant importance with respect to the Indian National Flag which is:

Constitutional Articles And Schedules

The Indian National Flag was officially adopted by the Constituent Assembly on July 22, 1947, and it does not explicitly mention the Indian National Flag but intertwines the values and principles in various articles:

Preamble

The Preamble of the Constitution declares India as a Sovereign, Socialist, Secular, and Democratic Republic, which aligns with the ideals the flag represents.

Article 51A

This article emphasizes the duty of every citizen to promote harmony and the spirit of common brotherhood, reflecting the unity symbolized by the flag.

Article 19(1)(a)

It guarantees the right to freedom of speech and expression, which includes the right to express national pride through the flag.

Schedule Of Emblems

The Constitution includes schedules that list various national symbols, though the flag itself is primarily governed by the Flag Code and related regulations.

Case Laws

A few case laws on respecting the Indian flag are:

Naveen Jindal vs Union Of India on 22 September, 1995

In this case, the Supreme Court ruled that the right to fly the national flag is a fundamental right under Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression. The court emphasized that the flag should be accessible to all citizens, not just the government but its the responsibility of every individual to maintain the dignified glory of the Indian National Flag.

Shyam Narayan Chouksey vs Union Of India on 9 January, 2018

The Supreme Court reiterated the importance of treating the flag with respect and dignity, stating that while citizens have the right to express their patriotism through Article 19, they are equally bound to perform the duty given in Article 51 of the Constitution. It must be done in a manner that upholds the flag's dignity.

The Emblems And Names (Prevention of Improper Use) Act, 1950

The Emblems and Names (Prevention of Improper Use) Act, 1950 is a significant piece of legislation in India that addresses the improper use of national emblems and names, including the Indian National Flag and more specifically those that are associated with the Government of India, ensuring that they are not exploited for commercial gain or misleading advertisements.

Section 3

This section prohibits any person from using any emblem or name specified in the Schedule of the Act for trade, business, calling, or profession without prior permission from the Central Government. This includes the Indian National Flag. The use of these emblems in advertisements without permission is unethical at their part can lead to legal consequences.

Section 4

This section prohibits the registration of any company or trademark (where under Section 9 of The Trade Mark Act, 1999 there are absolute grounds for refusal) that bears any of the listed emblems or their colorable imitations. This means that businesses cannot incorporate these emblems into their branding or advertising without explicit permission, thereby safeguarding the integrity of national symbols.

Section 5

Violations of the provisions under Section 3 can result in a fine of up to ₹500. However, this penalty is considered nominal, and there are ongoing discussions about amending the Act to increase penalties and introduce imprisonment for serious violations.

Historical Context And Amendments

The Emblems and Names (Prevention of Improper Use) Act came into force on January 1, 1950. This was shortly after India gained independence, reflecting the need to protect national symbols from misuse in commercial contexts. The Act has seen proposals for amendments, particularly in 2019, aimed at enhancing penalties and introducing stricter regulations against the misuse of national emblems. These proposed changes include increasing fines for first-time offenders and introducing imprisonment provisions, reflecting a more stringent approach to protecting national symbols.

Here is a close correlation:

Legal And Regulatory Aspects

The legal and regulatory aspects concerning the Indian National Flag are primarily governed by the Flag Code of India, 2002, and the Prevention of Insults to National Honour Act, 1971 (which is now The Prevention of Insults to National Honour (Amendment) Act, 2003 )

Flag Code Of India, 2002

This code provides guidelines for the display and use of the national flag, emphasizing respect and dignity. It is enforced by the Ministry of Home Affairs, Government of India.

Structure

The Flag Code is divided into three parts:

• Part I: Describes the design and specifications of the national flag.

• Part II: Outlines how individuals, organizations, and educational institutions should display the flag.

• Part III: Covers the display of the flag by government bodies.

Key Provisions

1. The flag must be hoisted in a dignified manner and should occupy a position of honor. It should not be displayed in an inverted manner, and a damaged flag should not be displayed.

2. Initially, the flag was required to be made of khadi. However, amendments in December 2021 allowed the use of machine-made fabrics such as polyester, cotton, and silk.

3. Citizens have the right to display the national flag on their premises throughout the year, as established by the Supreme Court ruling in the Naveen Jindal case.

Amendments To The Flag Code

The following amendments have taken place to the Flag Code until now:

December 30, 2021

Allowed the use of machine-made flags, expanding the materials from which the flag can be made. The flag can now be made of handspun and handwoven or machine-made cotton, polyester, wool, silk, or khadi bunting.

July 20, 2022

Amended Part II of the Flag Code to state that the flag may be flown day and night when displayed in the open or the house of a member of the public.

The Prevention of Insults to National Honour Act, 1971 (now The Prevention of Insults to National Honour (Amendment) Act, 2003 )

The Prevention of Insults to National Honour Act, 1971, which was amended to the Prevention of Insults to National Honour (Amendment) Act, 2003, is a crucial piece of legislation that addresses the protection of national symbols.

Key Provisions

1. Section 2: This section prohibits any person from disrespecting the Indian National Flag or the Constitution of India. Actions such as burning, mutilating, defacing, or showing disrespect to the flag are punishable offenses that can extend to 3 years of imprisonment, a fine, or both.

2. Definition of Disrespect: The Act defines disrespect to the Indian National Flag, which includes actions like using the flag as a costume, allowing it to touch the ground, or using it for commercial purposes.

3. Section 3: This section addresses the prevention of disturbances during the singing of the national anthem, with similar penalties for those who intentionally disrupt its performance.

Amendments

The 2003 Amendment clarified and reinforced the definitions and penalties associated with disrespect towards the national flag and other national symbols. It aimed to strengthen the legal framework to deter acts that could undermine national honour.

Bureau of Indian Standards (BIS)

The Bureau of Indian Standards (BIS) is integral to the Indian National Flag's integrity, as it establishes and enforces the standards for its design, dimensions, materials, and manufacturing processes. The BIS ensures that the flag is produced uniformly and meets the specifications outlined in the Flag Code of India, 2002, thus maintaining its dignity. By setting these standards, the BIS plays a pivotal role in preserving the dignity of the national flag, ensuring that it is displayed and treated with the respect that reflects India's heritage and unity, while also guiding manufacturers to comply with national norms.

Conclusion

The Indian National Flag holds a place of immense significance, deeply intertwined with the nation's constitutional values and legal framework. From the fundamental rights enshrined in the Constitution to the specific guidelines outlined in the Flag Code and the Emblems and Names Act, the protection and dignified use of the flag are paramount. The Emblems Act, along with amendments and related regulations, further strengthens this framework, ensuring that the flag and other national symbols are not misused for commercial gain or treated with disrespect. Ultimately, respecting the Indian National Flag is a reflection of respecting the nation itself, its history, and the values it represents.

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.