The Act prohibits the disparagement of National Symbols. The Prevention of Insults to the National Honour Amendment Act, 2003embraces to honour the national Symbols such as the National Flag and the National Anthem. Freedom of speech and expression under Article 19(1)(a) is not an absolute right and is subject to restriction under Clause 2 of the Article.
Another provision is Article 19(1)(a) which deals with freedom of speech and expression which involves the right to fly the National Flag. Under the Indian Constitution, Article 51A has imposed a non-binding duty upon its citizens to respect and adhere to the Constitution and the National Flag of the Country. There has been a very high threshold of cases where people have violated the laws and rules which are to be followed but people have neglected it which eventually has resulted in penal consequences under the Indian Penal Code. The States Emblem Act of India (2005) also known as the Improper Use Act, 2005 prescribes the regulation regarding where the National Emblem could be used and where it is prohibited. The Prevention of Insults of the National Honour Amendment Act, 2003 lays down the practices that are not permitted as they demean the dignity of the National Flag, Constitution and our National Emblem. The National Flag is esteemed by everyone yet sometimes we may unconsciously or consciously demean its prestige by our actions or gestures because we are not well versed with the code and conduct that needs to be adhered to. The Indian National Flag represents the hopes and aspirations of several martyrs who sacrificed their lives to get to where we are today. The Flag Code came into force in 2002 superseding the earlier ‘Flag Code’ mentioned in a protocol of 1982 by the website of the Punjab Government. Earlier there were many rules and conventions regarding the protection of the glory of the Indian National Flag, but there was, as such, no code prevailing regarding the proper display of the National Flag at various institutions and organizations and which would frame the rules as to how it has to be done to maintain the dignity of the Indian National Flag. It has to be honoured and respected by every individual of the country.
The Indian National flag is perceived as a symbol of allegiance to one’s nation and is an emotion. The States Emblem of India (Prohibition of Improper Use) Act, 2005.The Prevention of Insults to National Honour Act, 1971 (now, the Prevention of Insults to National Honour (Amendment) Act, 2003).The Flag Code of India, 2002 : a non-statutory code.
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