law on draping National Flag over body of a deceased

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Police in Uttar Pradesh has booked few persons under The Prevention of Insults to National Honour Act, 1971. They had allegedly draped the body of their relative in the national flag after his death.

Prevention of Insults to National Honour Act,1971:

  1. This act penalises the desecration of or insults to the country’s national symbols including, the National Flag, the constitution, the National Anthem, and the map of India. It also includes penalties for contempt of the Indian constitution.
  2. Section 2 of the act specifies punishment for insults to the Indian National Flag and the Constitution of India.
  3. The law specifies acts of insult to the Indian flag and constitution. Some acts of insult include burning, mutilation, defacing, disfiguring, or showing disrespect to the National Flag.
  4. It also prohibits using Indian National Flag as a drapery in any form except in State funerals or armed forces or other para-military forces funerals.
  5. It prescribes punishment of imprisonment for insults for up to 3 years or a fine or both.

About Flag Code of India, 2002

The Flag Code of India contains a set of laws, practices, and conventions for the display of the national flag of India. It also prohibits using the national flag as a drapery except in State/Military/Central Paramilitary Forces funerals.

Use of National Flag as a drapery

  1. The National Flag of the country can only be used as a drapery if a funeral has been accorded the status of a state funeral.
  2. State funerals are held if a person passed away belongs to police, armed forces, office of President, Vice-President, Prime Minister, Cabinet Minister, Chief Minister.
  3. The state government can accord the state funeral status to the person other than the mentioned categories.

Source: Indian Express

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