Law On Draping National Flag Over Body Of A Deceased

Law on draping National Flag over body of a deceased

Under the Prevention of Insults to National Honour Act, 1971, Police in Uttar Pradesh has booked few persons. They had allegedly draped the body of their relative in the national flag after his death. 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.

Prevention of Insults to National Honour Act, 1971:

1. This act penalises the desecration of or insults to the country’s national symbols including, the National Flag, the constitution, the National Anthem, and the map of India. It also includes penalties for contempt of the Indian constitution.
2. Section 2 of the act specifies punishment for insults to the Indian National Flag and the Constitution of India.
3. 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.
4. 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.
5. It prescribes punishment of imprisonment for insults for up to 3 years or a fine or both.

Flag Code of India, 2002

Section 3.22 of The Flag Code of India, 2002 (which deals with laws, practices and conventions that apply to the display of the national flag), reads: “The Flag shall not be used as a drapery in any form whatsoever except in State/Military/Central Paramilitary Forces funerals hereinafter provided.”

Use of National Flag as a drapery

1. A senior advocate at the Allahabad High Court said that the flag can only be used during a funeral if it is accorded the status of a state funeral.
2. “Apart from police and armed forces, state funerals are held when people who are holding or have held office of President, VicePresident, Prime Minister, Cabinet Minister, Chief Minister pass away.
3. The latest to get a state funeral from fields outside police, armed forces and government dignitaries was Roddam Narasimha, who was an aerospace scientist and fluid dynamicist from Andhra Pradesh.
4. Others who were accorded a similar honour recently were actors Sridevi and Shashi Kapoor.