Maha: Police register case against man in Thane for 'insulting' national flag

Police has registered a case against a man from Maharashtras Thane district for allegedly insulting the national flag an official said on TuesdayA person from Dombivali in a police complaint claimed the man from the Ulhasnagar area last year posted a cropped image of the national flag on his Facebook profile showing it as placed on his leg a police spokesperson said quoting the complaintThis amounted to insult of the national flag the complainant claimedBased on the complaint a case was registered on Sunday against the man under the Prevention of Insults to National Honor Act 1971 the official saidWhat is the Prevention of Insults to National Honour ActPrevention of Insults to National Honour Act 1971 has provisions aimed at preventing the desecration or insult of national symbols including the national flag the Constitution the national anthem and the Indian mapSection 2 ndash Insults to Indian National Flag and ConstitutionIt prohibits burning mutilating defacing defiling disfiguring destroying trampling upon or any other form of disrespect towards the Indian National Flag or the Constitution of IndiaThe act applies to both spoken and written words as well as actsOffenders can be punished with imprisonment for up to three years a fine or bothAlso read Truck engulfed in flames on MumbaiAhmedabad highway disrupting traffic for hoursExplanation 1Criticism of the Constitution or the Indian National Flag or any lawful measures to amend the Constitution or alter the flag does not constitute an offense under this sectionExplanation 2The term ldquoIndian National Flagrdquo encompasses all visible representations including pictures paintings drawings photographs or any other means made of any substance or represented on any substanceExplanation 3ldquoPublic placerdquo refers to any easily accessible place used by the public including public conveyancesExplanation 4 ndash Definition of ldquodisrespectrdquo to the Indian National FlagIt includes acts of gross affront or indignity towards the flagDipping the flag in salute to any person or thing except as mandated on specific occasionsFlying the flag at halfmast without following government instructionsDraping the flag except during state funerals or armed forcesparamilitary forces funeralsUsing the flag as a costume or accessory below the waistEmbroidering stitching or printing the flag on items like cushions handkerchiefs napkins undergarments or dress materialsPutting any inscription on the flagUsing the flag as a covering or wrapper except for flower petals during special occasions like Republic Day or Independence Day celebrationsUsing the flag to cover statues monuments speakerrsquos desks or platformsAllowing the flag to touch the ground floor or trail intentionallyUsing the flag as a drape over vehicles trains boats aircraft or similar objectsUsing the flag to cover buildingsDisplaying the flag with the saffron colour top colour facing downwards intentionallySection 3 ndash Prevention of singing of National AnthemIt prohibits the prevention or disturbance of singing the Indian National Anthem during assemblies paying respect to itOffenders can be punished with imprisonment for up to three years a fine or bothSection 3A ndash Enhanced penalty on second and subsequent convictionsIf a person is convicted of an offense under Section 2 or Section 3 more than once they can be punished with imprisonment for up to one yearThese provisions aim to uphold the honor and dignity of national symbols but their interpretation and enforcement should be balanced to ensure they do not unduly restrict freedom of expression and peaceful dissent With inputs from PTI