Police in Uttar Pradesh’s Pilibhit district have booked the mother and brother of a farmer who experienced died in the course of the farmers’ agitation in Delhi, beneath The Prevention of Insults to Nationwide Honour Act, 1971, just after his physique was allegedly draped in the national flag.
The deceased farmer, Balvinder Singh (32), died on January 24 in close proximity to Ghazipur in which he was participating in the farmers’ agitation. Law enforcement in Pilibhit district have booked his mom Jasveer Kaur (51), and brother Gurvinder Singh (22), less than Segment 2 of the Act.
Talking to The Indian Express, Allahabad Superior Courtroom senior advocate Jaideep Narain Mathur reported: “A cognizable offence less than The Avoidance of Insults to Countrywide Honour Act can only be made out towards someone who intentionally disrespects the flag.”
What Prevention of Insults to Nationwide Honour Act claims
The regulation, enacted on December 23, 1971, penalises the desecration of or insult to Indian national symbols, this sort of as the Nationwide Flag, the Structure, the National Anthem, and the Indian map, as perfectly as contempt of the Structure of India.
Part 2 of the Act, “Insults to Indian Nationwide Flag and Constitution of India”, suggests: “Whoever in any public spot or in any other spot inside of public see burns, mutilates, defaces, difiles, disfigures, destroys, tramples on or otherwise demonstrates disrespect to or brings into contempt (regardless of whether by text, both spoken or penned, or by acts) the Indian National Flag or the Structure of India or any aspect thereof, shall be punished with imprisonment for a term which may possibly lengthen to three a long time, or with fine, or with both equally.”
As for every the Act, “disrespect to the Indian National Flag indicates and includes”, between other factors, “using the Indian National Flag as a drapery in any kind by any means except in State funerals or armed forces or other para-armed service forces funerals”. (Explanation 4(d) below Area 2)
Section 3.22 of The Flag Code of India, 2002 (which discounts with guidelines, methods and conventions that use to the screen of the national flag), reads: “The Flag shall not be applied as a drapery in any form whatsoever except in Condition/Army/Central Paramilitary Forces funerals hereinafter furnished.”
Section 3.58 states: “On instances of State/Army/Central Paramilitary Forces funerals, the flag shall be draped more than the bier or coffin with the saffron in direction of the head of the bier or coffin. The Flag shall not be lowered into the grave or burnt in the pyre.”
Use of flag in funerals
A senior advocate at the Allahabad Superior Court reported that the flag can only be utilised throughout a funeral if it is accorded the position of a state funeral.
“Apart from law enforcement and armed forces, state funerals are held when people who are keeping or have held office environment of President, Vice-President, Prime Minister, Cupboard Minister, Main Minister pass absent. The status of a point out funeral can be accorded in situation of dying of people today not belonging to the armed forces, police or the above-pointed out categories by the point out governing administration. Then way too, the nationwide flag can be made use of,” the advocate stated.
The latest to get a point out funeral from fields outside police, armed forces and governing administration dignitaries was Roddam Narasimha, who was an aerospace scientist and fluid dynamicist from Andhra Pradesh. Some others who ended up accorded a equivalent honour just lately ended up actors Sridevi and Shashi Kapoor.
Related situations previously
An instance in which the physique of a deceased was wrapped in the Tricolour was that of the farmer Navreet Singh, who died in Delhi on January 26 throughout the violence associated to the anti-farm legislation protests. Photos of the physique draped in the flag experienced been shared commonly on social media.
In Oct 2016, a deep-freezer casket was included in the Tricolour, which had the human body of 21-yr-previous Ravin Sisodia, an accused in the killing of Mohammad Akhlaq.
Akhlaq was beaten to demise in September 2015 in Dadri’s Bisara village by a mob just after an announcement was produced asking villagers to assemble considering the fact that a cow had allegedly been slaughtered.
In accordance to officials, Sisodia, who had analyzed good for dengue, died of respiratory and renal issues.