Improper disposal of plastic flags can land you in jail

Saurabh Malik

Tribune News Service

Chandigarh, August 13

Plastic flags can cost you your freedom on Independence Day — if you don’t dispose them of properly. An advisory of the Union Ministry of Home Affairs raises concern over the use of the plastic Tricolour and its perils, including the possibility of imprisonment.

As Independence Day (or Republic Day) nears, plastic flags are spotted everywhere in the hands of roadside sellers.

These flags are non-biodegradable, unlike the paper ones. They take a long time to decompose, making its disposal with dignity a tough task. Displaying disrespect by improper disposal of a flag can lead to imprisonment up to three years or with fine or both.

The issue was taken up by the Union Ministry with the chief secretaries and administrators of all states and union territories, besides secretaries of all ministries and government departments, way back in January 2015.

The letter on strict compliance of the provisions contained in the Flag Code of India 2002, and Prevention of Insults to the National Honour Act, 1971, said complaints were being received by the ministry from various quarters about the insult or disrespect to the National Flag on several occasions.

The communication added that it had been brought to the ministry’s notice that national flags made of plastic were being used, instead of paper flags, on important events. Since plastic flags were non-biodegradable and did not get decomposed for a long time, these were harmful to the atmosphere.

Referring to Section 2 of the Prevention of Insults to the National Honour Act, it said: “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 the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years or with fine or with both”.

The communication requested the chief secretaries and others to ensure that flags made only of paper were used by the public on important national, cultural, and sports events and were not discarded or thrown on the ground afterwards.

It added that the flags were to be disposed of in private, consistent with the dignity of a flag. A request was also issued to give wide publicity against using flags of plastic material.

What the law says 

Referring to Section 2 of the Prevention of Insults to the National Honour Act, a letter by the Union Ministry of Home Affairs said: “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 the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years or with fine or with both”.