What exactly constitutes disrespect to national sentiments? Arvind Jain, an advocate in the Supreme Court, examines the two Acts which cover the ambit of such insults.

Prevention of Insult to National Honours Act, 1971
The Act covers only the national flag, anthem and the Constitution, and states that its major objective is to prevent disrespect towards them. The period between 1960-70 was one of students’ movements and strikes, workers’ agitation, and the peak of the Naxalite movement. During this time, there were various incidents of the burning of the national flag and the Constitution, and alleged disregard for the national song. The Act states that it was passed expressly to prevent such incidents.According to the Act, nobody is allowed to distort, mutilate, destroy or defile the Constitution, the national flag in any way whatsoever. Further, it states that preventing anybody from singing the national anthem would amount to a criminal act. The national emblem, however, does not fall under its purview.

The maximum punishment in such cases, as prescribed under this Act, is either three years imprisonment or a fine or both. The fine amount is not specified.
In recent years, two celebrities have been implicated under this Act. One was Sushmita Sen, who, after winning her Miss Universe crown, took out a parade at India Gate, holding the national flag. She is reported to have even wiped her mouth with it. An official complaint was subsequently lodged against her.At the India Fashion Week a few weeks ago, Malini Ramani wore a dress made from the national flag. A complaint has been filed against her too.

Emblems and Names (Prevention of Improper Use) Act, 1950
This Act prohibits the use of the national emblem for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trademark or design. It specifically says that the Ashoka chakra and the dharma chakra cannot be used for any of the purposes mentioned above. The maximum punishment prescribed is not more than a fine of Rs 500.

While the Ashokan pillar itself may not be specified in the Schedule to the Act, the lion seal is the official seal of the Central Government. Surendran Nair is a professional artist and his painting, An Actor Rehearsing the Interior Monologue of Icarus, is not just a piece of art, but also a tradable commodity. In this sense, Nair has used the emblem for his profession, thus falling foul of this particular Act.

Back | Next