Under The Prevention of Insults to National Honour Act, 1971, the police in Uttar Pradesh’s Pilibhit district have booked the mother and brother of a farmer who had died during the farmers’ agitation in Delhi after his body was allegedly draped in the national flag.
The law, enacted on December 23, 1971, penalises the desecration of or insult to Indian national symbols, such as the National Flag, the Constitution, the National Anthem, and the Indian map, as well as contempt of the Constitution of India.
Section 2 of the act specifies punishment for insults to the Indian National Flag and the Constitution of India.
The law specifies acts of insult to the Indian flag and constitution. Some acts of insult include burning, mutilation, defacing, disfiguring, or showing disrespect to the National Flag.
It also prohibits using Indian National Flag as a drapery in any form except in State funerals or armed forces or other para-military forces funerals.
It prescribes punishment of imprisonment for insults for up to 3 years or a fine or both.
The Flag Code of India, 2002 is an attempt to bring together all such laws, conventions, practices and instructions for the guidance and benefit of all concerned.
It also prohibits using the national flag as a drapery except in State/Military/Central Paramilitary Forces funerals.
In India, flags are used only when the death of an individual has been notified by the Government, and it has been confirmed by the district administrations or high courts.
The usage of the Indian tricolour in funerals was challenged by a few individuals who observed that it does not have the obvious connotations of state mourning and therefore should not be used in the funeral processions.
A few days back an order was issued by the court restricting the use of the tricolour in those circumstances, but the government has since appealed against this order.
Such restrictions have been in place for decades and are based on a long-held view that giving prominence to one country's symbol over another's is not only inappropriate but also contrary to the spirit of brotherhood among countries
Apart from police and armed forces, state funerals are held when people who are holding or have held office of President, Vice-President, Prime Minister, Cabinet Minister, Chief Minister pass away.
The status of a state funeral can be accorded in case of death of people not belonging to the armed forces, police or the above-mentioned categories by the state government. Then too, the national flag can be used.