“Prevention of Insults to National Honour Act, 1971”

“The flag is more than just a piece of fabric; it represents the pride of our nation. Honoring it means honoring the sacrifices and aspirations of millions.”

These inspiring words of Dr. A.P.J. Abdul Kalam reminds us of our responsibility, which is also protected by law under the Prevention of Insults to National Honour Act, 1971. National symbols reflect a country’s unity, freedom, and culture. In India, people hold the National Flag, the Constitution, and the National Anthem in great respect. When these symbols are disrespected, it damages the nation’s honor and reputation. To stop such acts, Parliament introduced the Prevention of Insults to National Honour Act, 1971, which prohibits deliberate insults. This law is connected to Article 51A(a) of the Constitution, which makes it every citizen’s duty to respect the country’s symbols.

AIM

 The Prevention of Insults to National Honour Act, 1971 is a law in India made to protect the country’s important symbols, that is, the National Flag, the Constitution of India, and the National Anthem. According to this law, acts like insulting, burning, damaging, tearing, or destroying the National Flag or the Constitution are considered crimes and are punishable. It also applies to disrespect towards the National Anthem, such as stopping people from singing it or creating disturbance while it is being played. This law is applicable throughout India.

IMPORTANT PROVISIONS

Section 2 deals with insults to the Indian National Flag and the Constitution of India.

Any person who, in a public place or in public view, does any of the following to the Indian National Flag or the Constitution of India:

• Burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon, or otherwise shows disrespect.

• Brings it into contempt by words (spoken/written) or acts.

• Punishment provided is Imprisonment up to 3 years, or fine, or both.

There are few explanations given under this session:

Explanation 1 – Not an Offence

Comments or criticism of the Constitution or National Flag with the intention of lawful amendment or change are not offences.

Explanation 2 – Indian National Flag Definition

Includes any picture, painting, drawing, photograph, or visible representation of the flag or any part of it, made/represented on any substance.

Explanation 3 – Public Place Definition

Any place intended for use by, or accessible to, the public and  includes any public conveyance.

Explanation 4 – What “Disrespect” Means

(a)Gross affront or indignity to the National Flag;or

(b) Dipping the  National Flag in salute to any person or thing;or

(c) Flying the National Flag at half-mast, except on officially permitted occasions;or

(d) Using the National Flag as drapery, except in State, armed forces, or paramilitary funerals;or

(e) Using the National Flag:

(i) As a portion of costume, uniform, or accessory worn below the waist of any person.

(ii) By embroidering or printing it on cushions, handkerchiefs, napkins, undergarments, or dress material;or

(f) Putting any inscription on the National Flag;or

(g) Using the National Flag as a receptacle, except for flower petals before unfurling on Republic Day or Independence Day;or

(h) Using the National Flag to cover a statue, monument, speaker’s desk, or platform;or

(i) Letting the National Flag touch the ground, floor, or trail in water intentionally;or

(j) Draping the National Flag on vehicles, trains, boats, aircraft, or similar objects;or

(k) Using the National Flag to cover a building;or

(l) Intentionally displaying the National Flag with saffron colour facing downwards. 

Section 3 prohibits obstructing or disrupting the National Anthem.

Under this section, If a person deliberately prevents the singing of the Indian National Anthem or disturbs a gathering of people while they are singing it, they shall be punished with imprisonment for up to three years, or with fine, or both.

Section 3A prescribes enhanced penalties for second or later convictions.

This section which was inserted through an amendment states that, If a person has already been found guilty of an offence under section 2 or section 3 and is convicted again for the same type of offence, they will be punished for the second and every later offence with imprisonment for a term which shall not be less than one year. 

IMPORTANT CASE LAWS

1.    In Bijoe Emmanuel and Ors vd State of Kerala and Ors (AIR 1987 SC 748), commonly known as the National Anthem case, three school children belonging to the Jehovah’s Witnesses faith refused to sing the National Anthem at their school, though they stood respectfully while it was being played. The school expelled them for not singing as the students were disrespecting the National Anthem. The children and their parents argued that singing the anthem went against their religious beliefs. The Supreme Court held that this expulsion violated their fundamental right to freedom of religion (Article 25) and freedom of speech and expression (Article 19(1)(a)). The Court clarified that standing respectfully without singing still showed respect, and therefore, the children could not be punished.

2.    In Shyam Narayan Chouksey vs Union of India (AIR 2018 SC 357), which was a case about respect for the National Anthem in India, the petitioner filed a petition saying that people should show proper respect whenever the National Anthem is played. The Supreme Court, in its interim order, directed that the National Anthem must be played in all cinema halls before the screening of movies and that everyone present should stand up as a mark of respect. The Court also banned the use of the anthem in any way that could be disrespectful. However, in 2018, the Court modified its earlier order, saying that playing the anthem in theatres is not mandatory but optional, leaving the final decision to the government. This case highlighted the balance between patriotism, respect for national symbols, and individual freedom.

3.    The case law, Union of India vs Naveen Jindal (AIR 2004 SC 1559), which was a landmark Supreme Court case in India about the right to fly the national flag. The Petitioner, who was an industrialist, hoisted the Indian national flag at his factory and argued that every citizen has the right to hoist  the flag as an expression of their devotion to the nation as under Article 19(1)(a) of the Constitution (freedom of speech and expression). The government, however, claimed that displaying the flag was regulated by the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971, so it could not be freely done except under official provisions. The Supreme Court held that the right to fly the national flag is indeed a fundamental right under Article 19(1)(a), but it is subject to reasonable restrictions under Article 19(2) to protect dignity, respect, and public order. The Court directed that citizens can fly the flag, provided they follow the Flag Code of India and maintain its honour and respect.

CONCLUSION

The Prevention of Insults to National Honour Act, 1971 places a responsibility upon every Indian citizen to show respect and not commit any act of dishonour towards the National Anthem, National Flag, National Emblem, and the Constitution of India, as they represent the unity and pride of the nation. Judicial interpretations have clarified that while standing during the National Anthem is a sign of respect, singing it is not compulsory, and the Anthem itself cannot be altered or rewritten.

The courts have also recognized that citizens have the right to hoist the National Flag, though this right is subject to reasonable restrictions. Similarly, expressing one’s opinion through writing or drawing against an issue is not considered sedition or an act of disrespect towards the government. However, the National Song is not covered under this Act, which means that showing disrespect to it does not currently attract punishment. On the other hand, any act of dishonour towards the National Anthem, National Emblem, National Flag, or the Constitution of India is punishable under the law.

Some Question and Answers based on this article:

Q.1 What is the main aim of the Prevention of Insults to National Honour Act, 1971?

The Act was made to protect India’s important national symbols – the National Flag, the Constitution of India, and the National Anthem – from disrespect or misuse.

Q.2 How does Section 3 of the Act protect the National Anthem?

Section 3 of the Act focuses on protecting the dignity of the Indian National Anthem. It prohibits any person from deliberately preventing others from singing the Anthem or disturbing a gathering while it is being sung. Such acts are treated as a crime because they harm the honour of the nation. The punishment for this offence can be imprisonment of up to three years, or a fine, or both. This provision shows that the Anthem, like the Flag and the Constitution, holds a special place in the lives of Indian citizens and must always be respected.

Q.3 The National Song is not covered under the Prevention of Insults to National Honour Act, 1971. Should it still be respected?

Yes Even though the Act does not mention the National Song and no punishment is given for disrespecting it, citizens should still respect it. The National Song has great cultural and historical importance, as it inspired unity during the freedom struggle. Respecting it shows love and pride for the nation.