The Hindu Business Line : On flags before the interest flags

AS one more act of liberalisation, the Government has decided to withdraw the restriction on use of the national flag by the public as costumes, at least above the waist. Thus, the flag cannot be used on any undergarment or dress, costume, uniform or accessory worn below the waist, one learns. And even the permission for above the waist may have to wait till the Prevention of Insults to National Honour Act, 1971, is amended. Just the time, therefore, to see what the law is about the flag before our interest flags.

For starters, the Act is one of the shortest pieces of legislation, with only four sections. Section 2 speaks of `insults to Indian National Flag and Constitution of India' as burning, mutilating, defacing, defiling, disfiguring, destroying, trampling upon or otherwise showing disrespect to or bringing into contempt, with words or by acts, the flag or the Constitution "in any public place or in any other place within public view." Public place means any place instituted for use by, or accessible to, the public and includes any public conveyance.

`Indian National Flag' according to an explanation to Section 2 includes any picture, painting, drawing or photograph, or other visible representation of the flag, or of any part or parts thereof, made of any substance or represented on any substance.

Punishment prescribed by the Act is imprisonment up to three years and/or fine. Section 3A speaks of `enhanced penalty on second and subsequent convictions,' prescribing a minimum imprisonment term of one year. Section 3 frowns upon `prevention of singing of Indian National Anthem' or intentionally causing disturbance to any assembly engaged in such singing, and stipulates a penalty of three years jail term and/ or fine.

Of special interest is Explanation 4 to Section 2 that was brought in through a 2003 amendment. It lists (a) to (l) what `disrespect to the Indian National Flag means and includes.' Among these, you can find situations such as gross affront or indignity to the flag, dipping the flag in salute to any person or thing, and flying the flag at half-mast other than when the Government instructs such flying.

What may be more topical are taboos in the Explanation on using the flag as a drapery in any form whatsoever except in State funerals or armed forces or other para-military forces funerals; or as a portion of costume or uniform of any description or embroidering or printing it on cushions, handkerchiefs, napkins or any dress material.

You can't put any kind of inscription upon the flag. Nor can you use the flag "as a receptacle for receiving, delivering or carrying anything except flower petals" before the flag is unfurled as part of celebrations on special occasions such as on January 26 and August 15.

Don't use the flag "as covering for a statute or a monument or a speaker's desk or a speaker's platform" nor allow the flag "to touch the ground or the floor or trail in water intentionally."

Also no-no are: Draping the 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 flag as a covering for a building; and intentionally displaying the flag with the `saffron' down.

Two other laws of importance are Emblems and Names (Prevention of Improper Use) Act, 1950, and the Flag Code of India, 2002. The latter (available at www.mha.nic.in) is an attempt to bring together all laws, conventions, practices and instructions about flag "for the guidance and benefit of all concerned."

If you're looking for similar rules elsewhere, try www.ushistory.org. One of the questions in the URL reads, "I am thinking of getting a flag tattoo. Is it okay?" Answer is that there is nothing in the US Flag Code about tattoos. Here, however, I would suggest no such thing below the waist.

ExParte@TheHindu.co.in

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