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PREVENTION OF INSULTS TO NATIONAL HONOUR ACT 1971

  • March 23, 2021
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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PREVENTION OF INSULTS TO NATIONAL HONOUR ACT 1971

Subject: Legislations

Context: Cutting cake depicting national flag not unpatriotic or an insult , rules Madras High Court.

Concept:

The Prevention of Insults to National Honour Act, 1971

  • Prevent dishonour: The act was legislated to prevent dishonour to National symbols which shall include the Indian Constitution, National anthem and National Flag.
  • Fundamental Duties: The Act is in consonance to Article 51 (A)(a) of the Indian Constitution which lays down the fundamental duty to respect and abide constitution, national anthem and national flag.
  • It extends to the whole of India.
  • Disqualification: President, Vice president, Prime minister, Speaker of the Lok Sabha, etc are liable for disqualification upon committing any violation of the constitution under this Act read with sections 7 & 8k of Representation of the People Act, 1951.

What are some of the punishable offences?

On the matter of National Anthem:

  • whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

On the matter of national flag:

  • Dipping the Indian National Flag in salute to any person or thing
  • Using the Indian National Flag as a drapery in any form whatsoever except in state funerals
  • Putting any kind of inscription upon the Indian National Flag;
  • Allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally
  • Using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals in state funerals

Using the Indian National Flag

  • as covering for a statue or a monument or a speaker’s desk or a speaker’s platform
  • draping the Indian National Flag over the hood, top, and sides or back or on a vehicle, train, boat or an aircraft or any other similar object;
  • using the Indian National Flag as a covering for a building;
  • Intentionally displaying the Indian National Flag with the “saffron” down.
Legislations PREVENTION OF INSULTS TO NATIONAL HONOUR ACT 1971

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