LADAKH KASHMIR AND HIGH COURT OF JAMMU & To Pr. D&S Judge, Bhaderwah, Ramban, Reasi, Jammu, Srinaga Rajour, Anantnag, Kathua, Samba, Kishtwar, Udhampur, Poonch, Kupwara, Ganderbal, Kulgam, Shopian, Bandipora, Ladakh. Baramulla, Budgam, Pulwama, Kargl, No:3900-31/0loated: /202, of Flag Code of Sub: Strict compliance of the provislons Insults to National ndia, 2002 and the Prevention of Honour Act, 1971- Advisory. Sir, of Advisony As desired I am to enclose here with a copy of India, received from Deputy Secretary to the Government Ministry of Home Affairs (Public Section), North Block, New Delhi- dh 01 with the request to take note of the directions as containedin the Advisory and ensure its implementation. You are also requested to circulate the Advisory among all the Judiclai oficers working under your control for strict implementation of the directions as contained in the Advisory. Encl:Copy of Advisory. Yours faithfully, (Permod Kumar) Joint Registrar (Adm) IMMEDIATE File No. 15/1/2021-Public Government of India Affairs Ministry of Home (Public Section) - 01. New Delhi North Block, 2021 Dated 5th August, To The Chief Secretaries/ Administrators of state Governments / UT Administrations, Al of Government of India,. eeretaries of all Ministries/Departments Code of India, 2002 and compliance of the provisions of Flag Subject: Strictthe Prevention of Insults to National Honour Act, 1971- Advisory. Sir/ Madam, I am directed to say that the Indian National Flag represents hopes and aspirations of the people of our country and hence should occupy a position or nonour, There is universal affection and respect for, and loyalty to, the National 1lag. Yet, a perceptible lack of awareness is often noticed amongst people as well as organizations/agencies of the Government, in regard to laws, practices and conventions that apply to display of the National Flag. A copy each of The Prevention o nsults to national Honour Act, 1971' and Flag Code of India, 2002" which governms display of National Flag, are enciosed herewith for strict compliance of the provisions contained in the Act and the Flag Code (copy also available on this Ministry's website www.mha.gov.in). You are requested to undertake mass awareness programme in /ths regard and also to give it wide publicity through advertisements in the electroniC andprint media. Further, it has been brought to notice of this Ministry that on the occasions of important national, cultural and sports events, the National Flags made of plastic are also being used in of National made of place Flags paper. Since, are biodegradable like paper flags, these do not get decomposed forplastic a long flags time andnot ensuring appropriate disposal of National Flags made of plastic commensurate with dignity of the flag, is a practical problem, You are, therefore, requested to ensure that on the occasions of important national, cultural and sports events, paper only are used by the public in terms of the provisions of the FlagsFlag madeCode of India, 2002' and such are not paper Flags discarded or thrown on the ground after the event. Such Flags are to be of, in disposed private, consistent with the dignity of the Flag. Thus, you are also to wide requested give publicity in the electronic and print media for not using the National Flag made of plastic Yours faithfully, Encl: As above. mm- (Vijay Kumar) Deputy Secretary to the Government of India Tel: 2309 3101 21 Delhi. Copy to: Bhawan, New Secretariat, Rashtrapati President's New Delhi. President's Secretariat, 2. Vice New Delhi. - South Block, 3. Prime Minister's Ofice, Delhi. 4. Cabinet Sccretariat, New 5. Office of all Governors. New Delhi . Election Commission of India, 7. Lok Sabha Secretariat, New Delhi. 8. Rajya Sabha Secretariat, New Delhi. New Delhi. 9. Registrar, Supreme Court of India, 10.Registrar, all High Courts. Delhi. of India, New Comptroller and Auditor General 1.Office of Delhi. 12.The Union Public Service Commission, New 13.Central Vigilance Commission, New Delhi. 14.NITI Aayog, Yojana Bhawan, New Delhi. of Home Affairs. 15.All attached & Subordinate Offices of the Ministry 16.5 Spare Copies. (Vijay Kumar) Deputy Secretary to the Government of India Tel: 2309 3101 1971 HONOUR ACT, NAT1ONAL INSULTS TO (23 December. 1971) E PREVENTION OF No. 69 of 1971 Act, o: Honour (Amendment) 2000 Insults to National (Amended by the Prevention of (20h December, 2005)) No. 51 of 2005 AnAct to Prevent Insults to National Honour of the Republic of India Be it enacted by Parliament in the Twenty- second year as follows: - . SHORTTITLE AND EXTENT (1) This Act may be called the Prevention of Insults to National Honour Act, 1971. (2) It extends to the whole of India. INSULTTO INDIAN NATIONAL FLAG AND cONSTITUTION OF INDIA Whoever in any public place or in any other place within public view burms, mutilates, defaces, defiles. disfigures, destroys, tramples upon or *otherwise showsdisrespect to or brings into contempt (whether by words, either spoken or Wntten, 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. Explanation ] - Comments expressing disapprobation or criticism of the Constitution or of the Indian National or of Flag 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 The Explanation 2 expression, "Indian National Flag" includes any picture, drawing or photograph, or other visible representation of the Indian National Flag.painting or of any part or parts thereof, made of any substance or represented on any substance. Explanation 3 The expression "public place" means any place intended for use by, or accessible to, the public and includes any public conveyance. *Explanation 4 - 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) flying the Indian National Flag at half-mast except on occasions on which the Flag is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or 2 whatsoever except in any form a drapery or National Flag as forces funerals; the lIndian para-military (d) using forces or other or armed in state funerals National Flag:- (e) #using the Indian of any description uniform or accessory of costume, ) as a portion or the waist of any person; which is worn below handkerchiefs, napkins. it on cushions, by embroidering or printing (ii) dress material; or undergarments or any or the Indian National Flag; (f putting any kind of inscription upon delivering or as a receptacle for receiving, (g) using the Indian National Flag is before the Indian National Flag anything except flower petals carrying occasions including the unfurled as part of celebrations on special or Republic Day or the Independence Day; monument or a for a statue or a (h) using the Indian National Flag as covering speaker's desk or a speaker's platform; or floor or trail (1) allowing the Indian National Flag to touch the ground or the in water intentionally; or 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 (1) intentionally displaying the Indian National Flag with the "saffron" down. 3. PREVENTION OF SINGING OF NATIONALANTHEM Whoever intentionally prevents the singing of the Indian National Anthem 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. *3A MINIMUM PENALTY ON SEcOND OR SUBSEQUENT OFFENCE 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. Note 1: Inserted vide The Prevention of Insults to National Honour (Amendment) Act, 2003 (No. 31 of 2003 dated 8.5.2003) Note 2: #Inserted vide The Prevention of Insults to National Honour (Amendment) Act, 2005 (No. 51 of 2005 dated 20.12.2005) .