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Independence Day 2018: What you should know before unfurling the National Flag on August 15

Independence Day 2018 will be celebrated on Wednesday, August 15, 2018. 

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Independence Day 2018 will be celebrated on Wednesday, August 15, 2018. 

As of 2004, flying the National Flag is a fundamental right granted to the citizens of India. However, like freedom of speech and expression, it is not an absolute right. We are only allowed to fly the National Flag “with respect and dignity”, according to the Supreme Court judgement which accorded us this fundamental right.

But like the Flag Code of India, 2002—which is an attempt to bring together all the rules and laws that govern the protocol involved in displaying or flying the National Flag—says, “a perceptible lack of awareness is often noticed...in regard to laws, practices and conventions that apply to the display of the National Flag.” Here, we try to give you all the rules that you need to know as you gear up for celebrating the 67th Independence Day.

Displaying and flying the National Flag in India is governed by two Acts, namely, The Emblems and Names (Preventation [sic] of Improper Use) Act, 1950 and The Prevention Of Insults to National Honour Act, 1971.

Broadly, this is what the Acts set down:

Dos

 

The National Flag of India should be made of hand-spun and hand-woven wool/cotton/silk and should be rectangular in shape. The ratio of the length and width should be 3:2

Whenever the flag is displayed, it should always be displayed distinctly. The saffron band should always be the topmost. If the flag is to be displayed vertically, the saffron band should always be to the right with reference to the flag, and to the left with reference to the person facing it.

When displayed on a speaker's platform, “it should be flown on the speaker's right as he faces the audience or flat against the wall, above and behind the speaker,” according to the Code.

We are allowed to wave paper Flags on important national, cultural and sports events. But these cannot be thrown on the ground once the event ends. About proper disposal, this is what the Code says: “It shall be destroyed as a whole in private, preferably by burning or by any other method consistent with the dignity of the Flag.”

When displayed in public, the Flag should only be flown from sunrise to sunset.

If the Flag is in a damaged or soiled condition, it should be destroyed

Don'ts

A damaged or dishevelled Flag should not be displayed.

It should also not be dipped in salute to any person or thing.

The Flag is not to be used for commercial purposes, such as in any trademark design, without the government's permission.

Lettering on the Flag is not approved of. The Flag can also not be used as a “receptacle” for anything. Here an exception is made to placing flower petals in the Flag on occasions such as Republic Day before it is unfurled.

It should not be flown at half-mast. This rule does not apply in entirety in the event of the death of a dignitary such as the Prime Minister.

The Flag is not to be used to cover a speaker’s desk and cannot be draped over a speaker’s platform. It also should not be used as a portion of a costume.

It should not be allowed to touch the ground or the floor or trail in water.

The Flag should not be displayed or fastened in any manner as may damage it.

Plastic flags are also not approved of as per a Maharashtra government ad published in newspapers on August 14

What if you are found in violation of these rules?

Section 3 of the Prevention Of Insults to National Honour Act, 1971, says that if you are found to bring disrespect to the Flag, you shall be “punished with imprisonment for a term which may extend to three years, or with fine, or with both.”

For any repeat offence, a person is “punishable for the second and for every subsequent offence, with imprisonment for a term, which shall not be less than one year,” as per Section 3 A of the Act.

 

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