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The Union Cabinet today approved a proposal to amend the Prevention of Insults to National Honour Act, 1971, withdrawing the restriction on the use of National Flag as a portion of costume or uniform by the members of public, in general, and the sports-persons, in particular.
The Government had constituted a National Flag Committee in October, 2000 to examine various issues relating to the use/display of the National Flag including the extent to which unrestricted /liberal use of the National Flag by members of the public could be permitted. The Report of the Committee was considered by the Ministry of Home Affairs and the matter was placed before the Cabinet for accepting the recommendations made by the Committee with certain modifications. On acceptance of the proposals by the Cabinet, a new “Flag Code of India-2002” was finalized and brought into effect from 26th January, 2002 superseding ‘Flag Code-India’. The most notable feature of the Flag Code of India, 2002 is that it withdraws all restrictions on the display of the National Flag by members of general public, private organizations, educational institutions, etc., except to the extent provided in the Emblems and Names (Prevention of Improper Use ) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 (amended in 2003) and any other law enacted on the subject.
The Cabinet, while approving liberalization in the use/display of the National Flag by members of public, had inter-alia decided that “in due course, amendment to the Prevention of Insults to National Honour Act, 1971 may be considered with a view to making the penalty for deliberate insult to National Flag for second and subsequent offence more stringent and defining the ‘insult’ at greater length by including serious disrespect to the Flag such as use of Flag on costumes, etc., within the purview of ‘insults’ ”.
In pursuance of the decision of the Cabinet, the Prevention of Insults to National Honour Act, 1971 was amended on May 8, 2003, by the Prevention to Insults to National Honour (Amendment) Act, 2003. In terms of the amendment, ‘disrespect’ to the National Flag was made a punishable offence (along with ‘insults’ to the National Flag). An inclusive definition of disrespect was added to the Act.
The Cabinet approved the proposal to withdraw the restriction to use National Flag on costumes, dress material etc. with certain safeguards like that the National Flag will not be used on undergarments and dresses or accessories worn below the waist. For example, the existing prohibition on the use of the National Flag, as contained in Explanation 4(e) below section 2 of the Act will be substituted by the following :-
Existing Prohibition
Substitution
Using the Indian National Flag as a portion of costume or uniform of any description or embroidering or printing it on cushions, handkerchiefs, napkins or any dress material.
Using the National Flag on any undergarment or any dress, costume, uniform or accessory worn below the waist or embroidering or printing it on cushions, gloves, handkerchiefs, napkins or any dress material.
YSR/DS/HS/LV
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