Editing Prevention of Insults to National Honour Act, 1971

{{Use dmy dates|date=November 2018}}
{{Use Indian English|date=March 2017}}
{{Infobox legislation
| short_title = Prevention of Insults to National Honour Act, 1971
| image = 
| imagesize = 150
| imagelink = 
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| caption = 
| long_title = An Act to Prevent Insults to National Honour
| citation = [http://mha.nic.in/sites/upload_files/mha/files/pdf/Prevention_Insults_National_Honour_Act1971.pdf Act No. 69 of 1971]
| enacted_by = [[Parliament of India]]
| date_enacted = 23 December 1971
| date_assented = 
| date_signed = 
| date_commenced = 
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| amendments = Prevention of Insults to National Honour (Amendment) Act, 2005
| repeals = 
| related_legislation = 
| summary = 
| keywords = 
}}
The '''Prevention of Insults to National Honour Act, 1971''' is an [[Act of Parliament|Act]] of the [[Parliament of India]] which prohibits the desecration of or insult to the country's [[national symbol]]s, including [[Flag of India|the National Flag]], the [[Constitution of India|constitution]], [[Jana Gana Mana|the National Anthem]] and [[Cartography of India|map of India]] including contempt of Indian constitution.

== Relevance ==

This act is widely applied in all cases where a case of insult to National Honour, through disrespect to National Symbols, is reported, public or not, as well as intentional or otherwise.<ref name=honor/>

===National flag and constitution===
<blockquote>
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. 
</blockquote>

'''Explanation 1''' – Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the [[Constitution of India]] or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.

'''Explanation 2''' – The expression, "Indian National Flag" includes any picture, painting, drawing or photograph, or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance or digital picture

'''Explanation 3  – '''The expression "Dishonour Indian Map" means if anywhere map represented with respective manner,Tapping Map on Road or any public place.

'''Explanation 4''' – The expression "public place" means any place intended for use by, or accessible to, the public and includes any public conveyance.

'''Explanation 5''' - The disrespect to the Indian National flag means and includes —

(a) a gross affront or indignity offered to the Indian National Flag; or

(b) dipping the Indian National Flag in salute to any person or thing; or

(c) using the Indian National Flag:-
: (i) as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or
: (ii) by embroidering or printing it on cushions, handkerchiefs, napkins,undergarments or any dress material; or

(f) putting any kind of inscription upon the Indian National Flag; or

(g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part of celebrations on special occasions including the [[Republic Day]] or the [[Independence Day (India)|Independence Day]]; or

(h) using the Indian National Flag as covering for a statue or a monument or a speaker’s desk or a speaker’s platform; or

(i) allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or

(j) draping the Indian National Flag over the hood, top, and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or

(k) using the Indian National Flag as a covering for a building; or

(l) intentionally displaying the Indian National Flag with the "saffron" down.

==National anthem==

<blockquote>
 As provided in Section 3 of the Act, whoever intentionally prevents the singing of the [[Jana Gana Mana]] or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both.
</blockquote>

==Penalty and conviction==

As Such the Law recognises all the above cases, as grouped under Section (a)National Flag and Constitution (b)National Anthem, as offences and convicts the Penalties or sentences as follows.Whoever having already been convicted of an offence under section 2 or section 3 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term, which shall not be less than one year.

== History ==

The earliest version of the law was passed by the state [[legislature of Tamil Nadu]] (then Madras State) in 1957 as a response to [[Dravidar Kazhagam]] (DK) and [[Dravida Munnetra Kazhagam]] (DMK), prominent [[south Indian]] parties that opposed the [[Indian caste system|caste system]] and the use of [[Hindi]] as the [[Official languages of India|official language]].<ref name="Rao">{{cite book | author = M.S.A. Rao | title = Urban Sociology in India | pages = 417–418, 429 | publisher = Orient Longman | year = 1979 | isbn = 0-86125-296-9}}</ref><ref>{{cite book | author = Victor Gunewardena | chapter = Impact of Internal Ethnic Conflicts on the Region | title = The Indian Ocean as a Zone of Peace | publisher = BRILL | year = 1986 | isbn = 0-89838-917-8 | pages = 127}}</ref> By 1 December 1957, over 2,000 DK members had been arrested under the law, and on 14 December, DK founder [[E. V. Ramasami]] was arrested under the law and sentenced to six months' imprisonment.<ref name="Rao" />

The national legislature passed a version of the law in 1971. Significant amendments were added in 2003 and 2005, which prohibited many previously common uses of the flag, such as draping it over a podium during a speech, using it as decoration, or incorporating it into clothing designs.<ref name=honor>{{cite web|title=The Prevention of Insults to National Honour (Amendment) Act, 1971|url=http://mha.nic.in/sites/upload_files/mha/files/pdf/Prevention_Insults_National_Honour_Act1971.pdf|access-date=2 July 2015|url-status=dead|archive-url=https://web.archive.org/web/20170123231821/http://mha.nic.in/sites/upload_files/mha/files/pdf/Prevention_Insults_National_Honour_Act1971.pdf|archive-date=23 January 2017}}</ref><ref>{{cite book | author = Lisa Trivedi | title = Clothing Gandhi's Nation: Homespun and Modern India | url = https://archive.org/details/clothinggandhisn00triv | url-access = limited | pages = [https://archive.org/details/clothinggandhisn00triv/page/n180 152], 181 | publisher = Indiana University Press | year = 2007 | isbn = 0-253-34882-X}}</ref>

[[s:Constitution of India/Part IVA|Part IVA]] of the constitution stipulates fundamental duties of Indian citizens which includes to abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem. This Act stipulates the punishment to be awarded for violating [[s:Constitution of India/Part IVA|Article 51Aa]] of the constitution. [[President of India|President]], [[Vice-President of India|Vice president]], [[Prime Minister of India|Prime minister]], [[Speaker of the Lok Sabha]], etc are liable for disqualification upon committing any violation of the constitution under this Act read with sections 7 & 8k of [[Representation of the People Act, 1951]].<ref>{{cite web |title= The representation of the people act,1951 |url= http://lawmin.nic.in/legislative/election/volume%201/representation%20of%20the%20people%20act,%201951.pdf |access-date= 2 July 2015 |archive-url= https://web.archive.org/web/20150501024716/http://lawmin.nic.in/legislative/election/volume%201/representation%20of%20the%20people%20act,%201951.pdf |archive-date= 1 May 2015 |url-status= dead }}</ref> When courts quash the unconstitutional deeds/ actions of  the [[Executive (government)|executive]] (i.e. convicted without punishment under this Act), it is nothing but written acts/actions/deeds within public view bringing into contempt of the [[Constitution of India]] or any part thereof.{{or|date=November 2018}}

== See also ==
[[Flag desecration]]

== References ==
{{Reflist}}
{{Indian legislation}}
[[Category:Acts of the Parliament of India 1971]]
[[Category:Flags of India]]
[[Category:1971 in law]]
[[Category:2003 in law]]
[[Category:National symbols of India]]