Whether one can hoist an Indian National Flag in his/her premises?
With respect to whether one can hoist an Indian National Flag, it is important to note the Hon’ble Supreme Court’s opinion in the Naveen Jindal Case, wherein it was held that “the right to fly the National Flag freely with respect and dignity is (i) a fundamental right of a citizen within the meaning of Article 19(1)(a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiments of pride for the nation; (ii) the fundamental right to fly National Flag is not an absolute right but a qualified one being subject to reasonable restrictions under Clause 2 of Article 19 of the Constitution of India.”
It was due to the above decision that the Union Cabinet finally amended the Indian Flag Code with effect from 26 January 2002, allowing the general public to hoist the flag on all days of the year, provided they safeguarded the dignity, honour and respect of the flag.
What are the restrictions with respect to display and hoisting of the Indian National Flag in ones premises?
The relevant laws with respect to display of the Indian National Flag are as follows:
(ii) Emblems and Names (Prevention of Improper Use) Act, 1950
(iii)Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971)
The relevant provisions under the Flag Code of India (‘Act’) are as follows:
Part I of the Act provides the general description of the flag, some of the particularly relevant provisions are as follows:
Section 1.2 of the Act states that ‘the flag must be hand spun or hand woven wool/cotton/silk khadi bunting.’
Section 1.3 states that ‘the flag must be rectangular in shape and the ratio of length and height (width) of the flag must be 3:2.’
Section 1.4 provides the standard sizes of the flag.
Part II of the Act provides for display of the national flag by members of public, private organizations, educational institutions etc. Some of the relevant provisions are as follows:
There shall be no restriction on the display of the National Flag by members of general public, private organizations, educational institutions except to the extent provided in the Emblems and Names (Prevention of Improper Use) Act, 1950 and Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971).
Some of the relevant restrictions on display of National Flag are as follows:
Section 2.1 states that “keeping in view the provisions of the aforementioned Acts:
(i) the Flag shall not be used for commercial purposes in violation of Emblems and Names (Prevention of Improper Use) Act, 1950;
(ii) the Flag shall not be dipped in salute to any person or thing;
(iii) the Flag shall not be flown at half-mast except on occasions on which the Flag is flown at half-mast on public buildings In accordance with the instructions issued by the Government;
(iv) the Flag shall not be used as a drapery in any form whatsoever, including private funerals;
(v) the Flag shall not be used as a portion of costume or uniform of any description nor shall it be embroidered or printed upon cushions, handkerchiefs, napkins or any dress material;
(vi) lettering of any kind shall not be put upon the flag;
(vii) the Flag shall not be used as a receptacle for receiving, delivering, holding or carrying anything; provided that there shall be no objection to keeping flower petals inside the Flag before it is unfurled as part of celebrations on special occasions and on National Days like the Republic Day and the Independence Day;
(viii) when used on occasions like unveiling of a statue, the Flag shall be displayed distinctly and separately and it shall not be used as a covering for the statue or monument;
(ix) the Flag shall not be used to cover a speaker’s desk nor shall it be draped over a speaker’s platform;
(x) the Flag shall not be intentionally allowed to touch the ground or the floor or trail in water.
(xi) the Flag shall not be draped over the hood, top, sides or back of a vehicle, train, boat or an aircraft;
(xii) the Flag shall not be used as a covering for a building;
(xiii) the Flag shall not be intentionally displayed with the “saffron” down.”
Section 2.2 states that “A member of public, a private organisation or an educational institution may hoist/display the National Flag on all days and occasions, ceremonial or otherwise. Consistent with the dignity and honour of the National Flag-
(i) whenever the National Flag is displayed, it should occupy the position of honour and should be distinctly placed;
(ii) a damaged or disheveled flag should not be displayed;
(iii) the Flag should not be flown from a single masthead simultaneously with any other flag or flags;
(iv) the Flag should not be flown on any vehicle;
(v) when the Flag is displayed on a speaker’s platform, it should be flown on the speaker’s right as he faces the audience or flat against the wall, above and behind the speaker
(vi) when the Flag is displayed flat and horizontal on a wall, the saffron band should be upper most and when displayed vertically, the saffron band shall be on the right with reference to the Flag (i.e. left to the person facing the Flag);
(vii) to the extent possible, the Flag should conform to the specifications prescribed in Part I of this Code;
(viii) no other flag or bunting should be placed higher than or above or side by side with the National Flag; nor should any object including flowers or garlands or emblem be placed on or above the Flag-mast from which the Flag is flown;
(ix) the Flag should not be used as a festoon, rosette or bunting or in any other manner for decoration;
(x) where the Flag is displayed in open, it should, as far as possible, be flown from sunrise to sunset, irrespective of weather conditions;
(xi) where the Flag is displayed in open, it should, as far as possible, be flown from sunrise to sunset irrespective of weather conditions;
(xii) the Flag should not be displayed or fastened in any manner as may damage it; and
(xiii) when the Flag is in a damaged or soiled condition, it shall be destroyed as a whole in private, preferably by burning or by any other method consistent with the dignity of the Flag.”
Further, under Part V of the Act, Section 3.29 states that ‘The Flag shall not be used in any form of advertisement nor shall an advertising sign be fastened to the pole from which the Flag is flown.’
Section 3.31 under Part VI of the Act states that ‘During the ceremony of hoisting or lowering the Flag or when the Flag is passing in a parade or in a review, all persons present should face the Flag and stand at attention. Those present in uniform should render the appropriate salute…’
Violation of any of the restrictions mentioned in Section 2.1 and 2.2 of the Act constitutes disrespect to the Indian National flag as per Explanation 4 to Section 2 of Prevention of Insults to National Honour Act, 1971(‘Prevention of Insults Act’).
Section 2 of the Prevention of Insults Act states that “Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or *otherwise shows disrespect to or brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Conclusion:
Therefore, based on the observation of the Hon’ble Supreme Court in the Naveen Jindal Case and the provisions of the aforementioned Acts, we may conclude as follows:
(i) the Indian National Flag can be hoisted in your building;
(ii) the display and hoisting of the Indian National Flag is to be done in accordance with the provisions of the Flag Code of India, 2002, Emblems and Names (Prevention of Improper Use) Act, 1950 and Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971)
Picture Courtesy: Pexels
