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TO BE INTRODUCED IN LOK SABHA

Bill No. 3 of 2010

THE PREVENTION OF INSULTS TO NATIONAL HONOUR (AMENDMENT) BILL, 2010

By

SHRI L. RAJAGOPAL, M.P.

A

BILL

further to amend the Prevention of Insults to National Honour Act, 1971.

BE it enacted by Parliament in the Sixty-first Year of the Republic of as follows:— 1. This Act may be called the Prevention of Insults to National Honour (Amendment) Short title. Act, 2010.

69 of 1971. 5 2. After section 2 of the Prevention of Insults to National Honour Act, 1971, the Insertion of following section shall be inserted, namely:— new section 2A. "2A. Whoever in any public place or in any other place within public view burns, Insult to the mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows Father of the . 2

disrespect to or brings into contempt whether by words, either spoken or written or by acts or through audio or video content, the photograph, image, or statue of , the Father of the Nation, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

Explanation.—In this section, the word "disrespect" includes using the photograph, 5 image or statue or audio or video content, as the case may be, of the Father of the Nation— (a) on costume, uniform, wardrobe or accessories of any description which is worn below the waist by any person; or (b) by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material; or 10 (c) to promote any product, commercial or otherwise; or (d) as a covering for a statue or a monument or a speaker's desk or a speaker's platform; or (e) as a drapery over the hood, top and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or 15 (f) by allowing it to touch the ground or the floor or trail in water intentionally; or (g) by wrongly depicting the picture, painting or drawing; or (h) in such other form of false depiction as may be notified by the Government of India, from time to time.". STATEMENT OF OBJECTS AND REASONS Mohandas Karamchand Gandhi popularly known as Mahatma Gandhi, stood as the supreme symbol of relentless and uncompromising struggle to achieve for India during its freedom struggle. He was the pioneer of principles like Satyagraha and Ahimsa or non-violence to achieve his noble objectives. The principle of non-violence used by Gandhiji has inspired movements for civil rights and freedom all over the world. Recognising his philosophy and strategy of non-violence, the United Organization vide its General Assembly resolution A/RES/61/271 dated 15 June, 2007, has marked 2nd October, the birthday of Mahatma Gandhi, as International Day of Non-violence. In recent past, the cases involving showing of disrespect to Mahatma Gandhi have come to the notice. There have also been attempts, time and again, to malign the image of Gandhiji, a national symbol of communal and caste harmony. It has also been observed, quite often, that the honour of the man, to whom we owe our freedom and who spent a lifetime for protecting and uplifting the down-trodden is at stake. These incidents, be it in political circles or otherwise, against Gandhiji have to be stopped. It is the duty of the State and every citizen of the , who have faith in his principles, to prevent any kind of insult or disrespect to photograph, image or statue of the Father of the Nation. In view of the above, it is proposed to amend the Prevention of Insults to National Honour Act, 1971 to prevent any act of disrespect to the picture, photograph, image or statue of Mahatma Gandhi. Hence this Bill.

NEW DELHI; December 9, 2009. L. RAJAGOPAL

3 LOK SABHA

—————

A BILL

further to amend the Prevention of Insults to National Honour Act, 1971

—————

(Shri L. Rajagopal, M.P.)

GMGIPMRND—302LS(S5)—24-02-2010.