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| Mar 26, 2005 9:50 am |
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Ridiculous....'n'.....Needless.... |
SOEB FATEHI
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The Law is clear.
IF SACHIN HAS SPORTED THE FLAG ON HIS
HELMET WHETHER BELOW OR ABOVE THE BCCI
LOGO - HE IS GUILTY OF AN OFFENCE.
so let us not sidetrack the issue into side lanes - let us ask him to gracefully acknowledge his fault and ask for pardon. his contributions to Indian sport can get him that clemency if and as it can get custom duty waiver! he is our favorite darling brat after all!
relevant sentences excerpted first - full details below :-
"(v) the Flag shall not be used as a portion of costume or uniform of any description nor shall it be embroidered or printed upon cushions, handkerchiefs, napkins or any dress material;"
FUFA and Caferati members will recall my warning on 26th Jan about dishonor to the Flag :-
"(x) the Flag made of paper may be waved by public on occasions of important national, cultural and sports events. However, such paper Flags should not be discarded or thrown on the ground after the event. As far as possible, it should be disposed of in private consistent with the dignity of the Flag;"
just FYI - EVEN SPORTING ROSETTES IS ILLEGAL :-
(ix) the Flag should not be used as a festoon, rosette or bunting or in any other manner for decoration;
FLAG CODE OF INDIA
The Indian National Flag represents the hopes and aspirations of the people of India. It is the symbol of our national pride. Over the last five decades, several people including members of armed forces have ungrudgingly laid down their lives to keep the tricolour flying in its full glory.
The significance of the colours and the chakra in the National Flag was amply described by Dr. S. Radhakrishnan in the Constituent Assembly which unanimously adopted the National Flag. Dr. S. Radhakrishnan explained— “Bhagwa or the saffron colour denotes renunciation of disinterestedness. Our leaders must be in different to material gains and dedicate themselves to their work. The white in the centre is light, the path of truth to guide our conduct. The green shows our relation to soil, our relation to the plant life here on which all other life depends. The Ashoka Wheel in the center of the white is the wheel of the law of dharma. Truth or satya, dharma or virtue ought to be the controlling principles of those who work under this flag. Again, the wheel denotes motion. There is death in stagnation. There is life in movement. India should no more resist change, it must move and go forward. The wheel represents the dynamism of a peaceful change.”
There is universal affection and respect for, and loyalty to, the National Flag. Yet, a perceptible lack of awareness is often noticed, not only amongst people but also in the organisations/agencies of the government, in regard to laws, practices and conventions that apply to the display of the National Flag. Apart from non-statutory instructions issued by the Government from time to time, display of the National Flag is governed by the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (No.12 of 1950) and the Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971). Flag Code of India, 2002 is an attempt to bring together all such laws, conventions, practices and instructions for the guidance and benefit of all concerned.
For the sake of convenience, Flag Code of India, 2002, has been divided into three parts. Part I of the Code contains general description of the National Flag. Part II of the Code is devoted to the display of the National Flag by members of public, private organizations, educational institutions, etc. Part III of the Code relates to display of the National Flag by Central and State governments and their organisations and agencies.
Flag Code of India, 2002, takes effect from January 26, 2002 and supersedes the ‘Flag Code – India’ as it existed.
PART II
HOISTING/DISPLAY/USE OF NATIONAL FLAG BY MEMBERS OF PUBLIC, PRIVATE ORGANISATIONS, EDUCATIONAL INSTITUTIONS, ETC.
SECTION I
2.1 There shall be no restriction on the display of the National Flag by members of general public, private organizations, educational institutions, etc., except to the extent provided in the Emblems and Names (Prevention of Improper Use) Act, 1950* and
*The Emblems and Names (Prevention of Improper Use) Act, 1950.
Section 2: In this Act, unless the context otherwise requires:-
(a) “emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule.
Section 3: Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark of design, any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorised in this behalf by the Central Government.
NOTE: The Indian National Flag has been specified as an emblem in the Schedule to the Act.
the Prevention of Insults to National Honour Act, 1971** and any other law enacted on the subject. Keeping in view the provisions of the aforementioned Acts -
(i) the Flag shall not be used for commercial purposes in violation of the Emblem and Names (Prevention of Improper Use) Act, 1950;
(ii) the Flag shall not be dipped in salute to any person or thing;
(iii) the Flag shall not be flown 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;
(iv) the Flag shall not be used as a drapery in any form whatsoever, including private funerals;
(v) the Flag shall not be used as a portion of costume or uniform of any description nor shall it be embroidered or printed upon cushions, handkerchiefs, napkins or any dress material;
(vi) lettering of any kind shall not be put upon the Flag;
(vii) the Flag shall not be used as a receptacle for receiving, delivering, holding or carrying anything;
provided that there shall be no objection to keeping flower petals inside the Flag before it is unfurled as part of celebrations on special occasions and on National Days like the Republic Day and the Independence Day;
(viii) when used on occasions like unveiling of a statue, the Flag shall be displayed distinctly and separately and it shall not be used as a covering for the statue or monument;
(ix) the Flag shall not be used to cover a speaker’s desk nor shall it be draped over a speaker’s platform;
(x) the Flag shall not be intentionally allowed to touch the ground or the floor or trail in water;
(xi) the Flag shall not be draped over the hood, top, sides or back of a vehicle, train, boat or an aircraft;
(xii) the Flag shall not be used as a covering for a building; and
(xiii) the Flag shall not be intentionally displayed with the “saffron” down.
2.2 A member of public, a private organization or an educational institution may hoist/display the National Flag on all days and occasions, ceremonial or otherwise. Consistent with the dignity and honour of the National Flag
(i) whenever the National Flag is displayed, it should occupy the position of honour and should be distinctly placed;
(ii) a damaged or dishevelled Flag should not be displayed;
(iii) the Flag should not be flown from a single masthead simultaneously with any other flag or flags;
(iv) the Flag should not be flown on any vehicle except in accordance with the provisions contained in Section IX of Part III of this Code;
(v) when the Flag is 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;
(vi) when the Flag is displayed flat and horizontal on a wall, the saffron band should be upper most and when displayed vertically, the saffron band shall be on the right with reference to the Flag (i.e. left to the person facing the Flag);
(vii) to the extent possible, the Flag should conform to the specifications prescribed in Part I of this Code.
(viii) no other flag or bunting should be placed higher than or above or side by side with the National Flag; nor should any object including flowers or garlands or emblem be placed on or above the Flag-mast from which the Flag is flown;
(ix) the Flag should not be used as a festoon, rosette or bunting or in any other manner for decoration;
(x) the Flag made of paper may be waved by public on occasions of important national, cultural and sports events. However, such paper Flags should not be discarded or thrown on the ground after the event. As far as possible, it should be disposed of in private consistent with the dignity of the Flag;
(xi) where the Flag is displayed in open, it should, as far as possible, be flown from sunrise to sunset, irrespective of weather conditions;
(xii) the Flag should not be displayed or fastened in any manner as may damage it; and
(xiii) when the Flag is in a damaged or soiled condition, it shall be destroyed as a whole in private, preferably by burning or by any other method consistent with the dignity of the Flag.
**THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971
(Amended by the Prevention of Insults to National Honour (Amendment) Act, 2003)
Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag………. 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 1. – Comments expressing disapprobation or criticism of the ………Indian National Flag or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.
Explanation 2. – The expression, "Indian National Flag" includes any picture, painting, drawing or photograph, or other visible representation of the Indian National Flag, 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
(d) using the Indian National Flag as a drapery in any form whatsoever except in state funerals or armed forces or other para-military forces funerals; or
(e) using the Indian National Flag as a portion of costume or uniform of any description or embroidering or printing it on cushions, handkerchiefs, napkins or any dress material; or
(f) putting any kind of inscription upon the Indian National Flag; or
(g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part of celebrations on special occasions including the Republic Day or the Independences Day; or
(h) using the Indian National Flag as covering for a statue or a monument or a speaker's desk or a speaker's platform; or
(i) allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or
(j) 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
(l) intentionally displaying the Indian National Flag with the "saffron" down.
3A. MINIMUM PENALTY ON SECOND OR SUBSEQUENT OFFENCE
Whoever having already been convicted of an offence under section 2………. 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.Private Reply to SOEB FATEHI (new win) |
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