In terms of legality, display of National Flag is governed by the provisions of the Emblems and Name (Prevention of Improper Use) Act, 1950. Moreover, the Prevention of Insults to National Honour Act, 1971 prohibits disrespect to Indian National Flag. It imposes imprisonment for a term which may extend to three years, or with fine, or with both. Keeping in mind the legal provisions and the customary laws governing hoisting of National Flag and also keeping in mind the punishment for showing disrespect to it, the State Accountability Commission has taken up with the Chief Secretary the matter of organizations showing disrespect to the National Flag. Actually, the SAC has been responding to a grievance projected before it by a citizen. There are a number of instances in the country in which National Flag has been shown disrespect but it is more blatant in our State for reasons unknown. As a matter of custom all Government buildings, High Court, Sessions Courts, offices of the Divisional and Deputy Commissioners and district level offices should bear the National Flag thereby asserting the authority and dignity of the State. These premier office buildings in J&K in general and Kashmir valley in particular are conspicuous by not hoisting the National Flag. It is a pity that the nation that provides billions of rupees year after year to the State by way of grant and aid and support beside other channels, has not the courtesy to show respect to the nation by hoisting the National Flag. This is disrespect to the flag and cognizable under law. Unfortunately, not only the flag even the National Anthem is shown disrespect in parts of J&K. What happened in the opening session of the Legislative Assembly on January 2 is a harrowing tale. Disrespect was shown to National Anthem as it was being sung when the Governor was to address the joint sitting of Legislature. The question is when the elected members show disrespect to National Flag or Anthem, ordinary people will take a wrong message and the national interests get damaged. Disrespecting National Flag or National Anthem means hurting the feelings of millions of Indian citizens who have great pride in their nation and their constitution. The Constitution of India is the collective will of the people of India and the people of J&K State are part of the collective will. The Constitution of the State also states that National Flag and Anthem have to be respected.
Some people like to create confusion about hoisting the National Flag or singing the National Anthem in the State. Their contention is that since we have our constitution, our flag and our anthem, why we should then follow the norms which are observed by the people in other states. This question did come up during the early days after accession, and it was amicably resolved by adopting the practice of hoisting both, the National and the State Flag side by side. This practice is in vogue even today as twin-flags are hoisted over the Secretariat buildings both in Jammu and in Srinagar. Likewise, the limousine of the Governor and the Chief Minister bears both the flags. All these past years, this has become a normal practice. However, National Anthem is a different story. Two anthems are not sung at one and the same time and as such only the National Anthem is sung.
We would like to appeal to those who are showing disrespect to the National Flag to desist from hurting this vast nation of patriots and nationalists and not adopt a path that is fraught with thorns. People have the right to dissent but dissent on issues and not established practices. Disrespecting national flag is a sign of political naivety and moral bankruptcy. A hundred or two hundred people showing disrespect to the National Anthem is meaningless but making the Legislative Assembly hostage to disruptive activities including disrespect to National Anthem is something that has to be taken cognizance of. As far as the question of disrespecting the national flag is concerned, there should be no laxity in enforcing the laws and practices that govern the situation. Defaulters should be brought to the book in any case and no corner should be given to those who break the law.
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