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.