Q.18. Describe the salient features of Flag Code of India, 2002.

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The Flag Code of India, 2002, is a comprehensive set of guidelines that govern the display, usage, and respect for the Indian National Flag. It consolidates various earlier laws, conventions, and practices governing the use of the flag. The Code aims to instill respect for the flag while also clarifying the rights and responsibilities of citizens, government bodies, and institutions in using the national symbol. The Constitution of India, through Article 51A(aa), makes it a fundamental duty of every citizen to respect the National Flag.

Salient Features of the Flag Code of India, 2002

A. Division into Three Parts

  • The Flag Code of India, 2002, is divided into three parts:
    • Part I: General provisions related to the flag, its composition, and interpretation.
    • Part II: Rules for government bodies and organizations on displaying the flag.
    • Part III: Guidelines for the public, private organizations, educational institutions, etc., on the correct use of the flag.

B. Respect and Dignity of the Flag

  • The Flag Code emphasizes that the Indian National Flag must be treated with utmost respect and dignity. Any act of disrespect, such as lowering the flag, defacing it, or using it inappropriately, is strictly prohibited.
  • Prohibitions: The flag must not be used as a drapery in any form, for decoration, or for commercial purposes. The Prevention of Insults to National Honour Act, 1971, prescribes penalties for any disrespect towards the flag.

C. Material and Dimensions

  • The Indian National Flag must be made from hand-spun and hand-woven khadi (cotton, silk, or wool) or any other material approved by the government. The specifications regarding the flag’s size and dimensions are defined by the Bureau of Indian Standards (BIS).
  • Example: The ratio of the flag’s width to its length is 2:3, and it should conform to the official design based on Pingali Venkayya’s original design, with saffron at the top, white in the middle, and green at the bottom, along with a 24-spoke Ashoka Chakra in navy blue in the center.

D. Hoisting and Displaying the Flag

  • Timing: The National Flag may be flown throughout the year and is not restricted to national holidays. It can be hoisted day and night, provided it is hoisted in the open and is distinctly visible.
  • Location and Manner:
    • The flag should be hoisted on buildings of national importance, government offices, educational institutions, and public places.
    • The flag should always be positioned in a way that the saffron band is at the top, and the Ashoka Chakra should be clearly visible.

E. Flag Hoisting by Citizens

  • Until 2002, ordinary citizens were not allowed to hoist the flag except on national holidays. However, the Supreme Court of India, in the Union of India v. Naveen Jindal (2004) case, ruled that every citizen has the right to hoist the flag, considering it an expression of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution, subject to adherence to the Flag Code.

F. Do’s and Don’ts Regarding the Flag

  • Do’s:
    • The flag should be hoisted at a prominent place with due respect.
    • It should be raised briskly and lowered slowly.
    • The flag should be displayed on all government buildings on Republic Day (January 26), Independence Day (August 15), and other national events.
  • Don’ts:
    • The flag should not be dipped in salute to any person or thing.
    • It should not be used as an advertising tool, nor should it be embroidered on costumes, uniforms, or cushions.
    • It should never touch the ground, water, or be placed in a position where it can be damaged or soiled.

G. Half-Mast and Mourning

  • The flag is flown at half-mast during periods of official mourning, except on occasions such as Republic Day, Independence Day, and Mahatma Gandhi’s birthday.
  • Specific instructions are issued by the government when the flag is to be flown at half-mast in honor of deceased dignitaries.

H. Flag on Vehicles

  • The flag can be flown on vehicles used by the President, Vice President, Prime Minister, Governors, and other dignitaries. However, it should not be flown on vehicles used by the general public or other government officials unless specifically permitted.

I. Use During Funerals

  • The flag can be used to drape the coffins of military personnel, paramilitary forces, and other dignitaries as a mark of respect. However, the flag must not be lowered into the grave or allowed to touch the ground during the funeral.

J. Disposal of the Flag

  • When the National Flag becomes damaged or soiled, it must be destroyed in a respectful manner, preferably by burning or in any other dignified manner. The flag should not be discarded casually.

Recent Developments: Har Ghar Tiranga and Amendments

  • In 2022, under the Azadi Ka Amrit Mahotsav initiative, the Har Ghar Tiranga campaign was launched to encourage citizens to hoist the flag at their homes during Independence Day celebrations.
  • The government also amended the Flag Code to allow the use of machine-made polyester flags, a shift from the earlier restriction of using only hand-woven khadi, making flags more accessible to citizens.

The Flag Code of India, 2002, serves as a comprehensive guide for ensuring that the Indian National Flag is treated with the utmost respect and dignity. By outlining rules for its use, display, and disposal, the Flag Code reflects the nation’s values and the symbolic importance of the flag in uniting the country. With recent developments allowing greater participation by citizens in hoisting the flag, the government has empowered people to express their patriotism while adhering to the principles of the Constitution and maintaining the sanctity of the national emblem.

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