An FIR was lodged against Kerala CPI(M) MLA SajiCheriyan on Thursday, in connection with his recent controversial remarks against the Constitution
- July 9, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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An FIR was lodged against Kerala CPI(M) MLA SajiCheriyan on Thursday, in connection with his recent controversial remarks against the Constitution
Subject :Polity
Section : Constitution
- The case was registered under Section 2 of the Prevention of Insults to the National Honour Act
- The provision under the Act carries a maximum punishment of three years imprisonment or fine or both.
What is the Prevention of Insults to National Honour Act, 1971
- It is an Act of the Parliament of India which prohibits the desecration of or insult to the country’s national symbols, including the national flag, national emblem, national anthem, the constitution, and map of India including contempt of Indian constitution.
- 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 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.
Relevant Constitution article
- 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).
The Union government has allowed manufacture and import of machine-made polyester national flags by amending the 2002 Flag Code of India.
- The rules earlier permitted only flags made by “hand-spun and woven wool or cotton or silk khadi bunting” while the import of machine-made flags was banned in 2019.
Why the changes adopted?
- For a flag to be hoisted at a height, its material needs to be tough and wind-resistant.
- In the past, one of the country’s tallest tricolours, near the India-Pakistan border at Attari, was not hoisted for several months due to damage caused to the flag by high velocity wind.
- The knitted polyester outdoor flags are easily available on e-commerce websites while the government has cautioned against use of plastic national flags.
Significance of the Code
- The move provides relief for damages caused to mammoth flags which are not lowered at the sunset and are adequately illuminated during the night.
- In 2009, the MHA granted permission for the national flag to fly day and night on public and private institutions and buildings.
- A member of the public, a private organization or an educational institution may hoist or display the National Flag on all days and occasions, ceremonial or otherwise consistent with the dignity and honour of the National Flag.
- To inspire respect for the flag, the code suggests that the “National Flag may be hoisted in educational institutions – schools, colleges, sports camps, scout camps.
History
- The Indian flag was adopted in its present form during a meeting of the Constituent Assembly held on July 22, 1947.
- The first national flag, which consisted of three horizontal stripes of red, yellow and green, is said to have been hoisted on August 7, 1906, at the Parsee Bagan Square, near Lower Circular Road, in Calcutta.
- Later, in 1921, freedom fighter PingaliVenkayya met Mahatma Gandhi and proposed a basic design of the flag, consisting of two red and green bands.
- After undergoing several changes, the Tricolour was adopted as our national flag at a Congress Committee meeting in Karachi in 1931.
Flag Code of 2002
- In 2002, the Flag Code of India came into effect which allowed the unrestricted display of the Tricolour as long as the honour and dignity of the flag were being respected.
- The flag code did not replace the pre-existing rules governing the correct display of the flag; it was, however, an effort to bring together all the previous laws, conventions and practices.