The National Symbols of India
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=LEGALLY-SPEAKING-Are-citizens-aware-of-the-Tricolours-28092015011010 ''The Times of India''], Sep 28 2015 | [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=LEGALLY-SPEAKING-Are-citizens-aware-of-the-Tricolours-28092015011010 ''The Times of India''], Sep 28 2015 | ||
Revision as of 21:06, 22 July 2017
This article has been extracted from an authoritative source. After the formal launch of their online archival encyclopædia, |
Contents |
The source of this article
INDIA 2012
A REFERENCE ANNUAL
Compiled by
RESEARCH, REFERENCE AND TRAINING DIVISION
PUBLICATIONS DIVISION
MINISTRY OF INFORMATION AND BROADCASTING
GOVERNMENT OF INDIA
National Symbols
NATIONAL FLAG
THE National flag is a horizontal tricolour of deep saffron (kesaria) at the top, white in the middle and dark green at the bottom in equal proportion. The ratio of width of the flag to its length is two to three. In the centre of the white band is a navy-blue wheel which represents the chakra. Its design is that of the wheel which appears on the abacus of the Sarnath Lion Capital of Ashoka. Its diameter approximates to the width of the white band and it has 24 spokes. The design of the National Flag was adopted by the Constituent Assembly of India on 22 July 1947.
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). The 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.
The Flag Code of India, 2002, took effect from 26 January 2002 and supercedes the ‘Flag Code-India' as it existed then. As per the provisions of the Flag Code of India, 2002, there is no restriction on the display of the National Flag by members of general public, private organisations, educational institutions, etc., except as provided for in the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 and any other law enacted on the subject.
The significance of the tricolour
The Times of India, Sep 28 2015
Dhananjay Mahapatra
Are citizens aware of the Tricolour's true significance?
Citizens have always had an emotional, patriotic connect with the national flag. This connect was heightened by tales of glory weaved around the daredevilry of Indian soldiers in hoisting the flag atop re-captured heights of Kargil after evicting Pakistani invaders. The controversy over PM Narendra Modi signing a “tricolour“ was not without fire. The Prevention of Insults to National Honour Act, 1971 [amended by the Prevention of Insults to National Honour (Amendment) Act, 2003] provides that “putting any kind of inscription upon the Indian national flag“ would constitute disrespect to it. But did Modi mean disrespect to the national flag? The flag code says the national flag should be made of hand-spun and hand-woven woolcottonsilk khadi bunting. It is rectangular in shape should have a length to breadth ratio of 3:2. We all feel patriotic when we buy those small plastic national flags from roadside vendors on the eve of Independence Day and Republic Day . Are we too guilty of disrespecting the national flag? The Supreme Court had dealt with an interesting case relating to alleged disrespect to the national by a police officer in 1959. The incident happened in Mughalsarai police station on Independence Day of 1955.
A mob of 3,000 persons, mostly students, gheraoed the police station demanding the national flag atop the building be flown at half-mast in respect of students killed in police firing in Patna. Station house officer Avadh Narain Singh was short of manpower to tackle a surging crowd. He sought reinforcements. But seniors told him to handle the situation `tactfully'.
As the crowd grew impatient, the SHO was caught in a dilemma. Lowering the national flag on Independence Day would surely invite disciplinary action. On the other hand, violent elements were egging on the crowd to attack the police station. The SHO made a quick decision and flew the flag halfmast from 8 am to 11 am. The crowd dispersed and the situation was defused. The seniors appreciated Singh's `tactful' handling of the situation.
Soon, the situation changed dramatically as the then PM Jawaharlal Nehru in a speech said “no insult to the national flag will be tolerated“. Immediately , Singh's superiors took adverse note of the national flag being flown half-mast on Independence Day . The `tactful' handling was brushed aside. Singh was found guilty and demoted two ranks. He challenged the decision in the Supreme Court. The SC in Avadh Narain Singh vs Additional Superintendent of Police [AIR 1960 SC 304] said, “To decide whether it amounts to insult or not, one must look to the circumstances in which and the motive with which the flag was lowered.“ The SC concluded that Singh had meant no disrespect to the national flag and asked the police department to pay a cost of Rs 300 to him.
The moot question is: Did the PM mean disrespect to the flag by putting his signature on it? Literal application of the Prevention of Insult to National Honour Act would make him guilty of inscrib ing the national flag. But as the SC judgment in Avadh Narain Singh case tells us, we must look whether the circumstances and intention pointed to a deliberate disrespect to the flag.
Inclusion of saffron colour in the flag too was objected to by some members of the flag committee, which was constituted on June 23, 1947.It decided the size, shape and colours of the national flag on July 14, 1947.
Dr S Radhakrishnan had clarified that colours adopted in the flag had no communal significance. He had said, “Bhagwa or the saffron colour denotes renunciation or disinterestedness. Our leaders must be indifferent to ma terial 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 the soil, our relation to the plant life here on which all other life depends. The Ashoka wheel in the centre of the white is the wheel of the law of dharma.Truth or satya, dharma or virtue ought to be the controlling principles of all 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 and hence, this deviation does not revolt against the original idea of having a spinning-wheel in the national flag.“
Are we aware of the true significance of the Tricolour as explained by Dr Radhakrishnan? Have the politicians understood and imbibed it?
The Supreme Court had held in the Naveen Jindal case [2004 (2) SCC 510] that citizens have a fundamental right to fly the national flag round the year, a privilege earlier restricted only to certain days. But flying the national flag with honour would not mean much unless we understand the duties cast on us by the vibrant colours of the national flag.
Mahatma Gandhi
Due respect to Gandhi’s symbols
Dipak Dash, `Don't place Gandhi symbols in dirty places', Jan 17, 2017: The Times of India
The Centre has suggested that state govern ments avoid using sketch es, photos or logos of Ma hatma Gand hi or his be longings such as his iconic spectacles, charkha or watch on walls of public toilets, garbage bins or any other places that could be considered dirty .
In a recent advisory issued to all the secretaries in-charge of sanitation, drinking water and sanitation ministry said this should be done “so that sentiment of anyone may (not) be hurt in implementing Swachh Bharat Mission (Gramin) programme.“
The ministry has asked the department heads to issue similar directions to all districts and other authorities concerned.
The circular was issued following a case filed by one Badruddin Qureshi in Chhattisgarh high court against the use of sketches and photos or belongings of Gandhi on walls of public toilets and “filthy“ places.
Though the court had dismissed the petition, it said, “We do not feel that this is such an infringement and disrespect to the father of the nation. But at the same time, we feel that Union of India must respond and assure on affidavit that wherever any symbol associated with Mahatma Gandhi is used, it shall be used and placed in such a fashion and that it cannot be easily defaced and should not be used in such a manner which causes disrespect to the father of the nation.“
Don't display Gandhiji's glasses on bins, in toilets: Odisha
The Odisha government has directed all district collectors and urban local bodies not to use the logo of the Swachh Bharat Mission (SBM) -meant to honour Mahatma Gandhi and his emphasis on cleanliness -in an improper manner in places like public toilets. The mission uses a logo inspired by Gandhi's famous round glasses for its countrywide campaigns.
The Odisha advisory follows the Centre's May 16 directive to all state-level directors of SBM saying guidelines issued by Chhattisgarh HC -which in January had issued a notice to the Raman Singh government to prevent pictorial illustration of Gandhi's spectacles on dustbins, public toilets and trash cans -must be observed.
SBM director in Odisha, Parameswaran B, said Gandhi's image or that of any of his other belongings, like the spinning wheel, his walking stick or watch, should not be used “on the walls of public toilets, garbage bins and other such filthy places during the SBM campaign.“ The director said there was no blanket ban on use of the logo but it should be used in a respectful manner. “District collectors will be responsible for supervision of the implementation of the guidelines,“ he said.
The constitutional and legal position
When actress Raquel Welch wore a bikini made of the US flag, the Stars and Stripes, for Gore Vidal’s Myra Breckinridge (1970), there were some murmurs and comments, but nothing more. No one filed a police case against her or dragged her to court for insulting the national flag.
The Emblems and Names (Prevention of Improper Use) Act
Its essence
The Emblems and Names (Prevention of Improper Use) Act is administered by the ministry of consumer affairs, food and public distribution.
According to section-3 of the Act, no per son shall use any “specified“ name or emblem for the purpose of any trade, business or any such activities without the “previous permission of the central government“ or officers authorised by the government.
The list of nearly three dozens names and emblems that cannot be used without prior permission of government includes President of India, Prime Minister, governor of a state, Government of India or any state, Mahatma Gandhi, Indira Gandhi, Jawaharlal Nehru, United Nations Organisation, Ashok Chakra or Dharma Chakra.
Till 2016 the law governing prevention of improper use of emblems and names of 1950 provided for the rather insignificant penalty of Rs 500 for violating norms.
Major violations in 2016
Samajwadi Party MP Neeraj Shekhar raised serious questions about how the PM's photograph can be used by a private industry major to advertise its products.
i) Reliance Jio used Prime Minister Narendra Modi's photograph in print and electronic advertisements without permission. Minister of state for information and broadcasting Rajyavardhan Singh Rathore had said in a written reply that “no permission was granted by prime minister's office“ for using Modi's photographs in the advertisements.
ii) The opposition had also questioned the PM's photographs featuring in advertisements issued by e-wallet Paytm [the biggest shareholder of which is the Chinese Alibaba] after Modi announced the demonetisation of old Rs 500 and Rs 1,000 currency notes.
Shekhar had sought to know whether there was any law that permits PM from becoming a brand ambassador of a private company
Disrespecting the national flag and anthem
Up to 3 years' jail for insulting national anthem, Dec 05 2016 : The Times of India
What does the constitution say about disrespecting the national flag and anthem?
In the section on fundamental duties, the constitution states that it is the duty of every citizen of India to abide by the constitution and respect its ideals and institutions --the national flag and the national anthem. Apart from this, the constitution (application to Jammu & Kashmir) Order, 1954 stipulates that Parliament has exclusive rights to make laws with respect to insult to the Indian national flag, national anthem and the constitution.
Under what Act does a person get punished if he she has insulted the national flag or anthem?
Under the Prevention of Insults to National Honour Act, 1971, it is a punishable offence to insult the national flag and the constitution. A person can be punished with imprisonment for a term that may extend to three years or with a fine or with both.Similarly , intentional prevention of singing of the national anthem or causing disturbances to an assembly engaged in such singing is also punishable for up to three years with or without fine. What actions can be seen as disrespect to the flag?
Acts like burning, mutilating, defacing, disfiguring, destroying or otherwise showing disrespect to or bringing into contempt by speeches or writing within public view are classified as showing disrespect to the flag. However, comments expressing disapproval or criticism of the flag or the constitution with a view to obtaining an amendment in the constitution o not constitute an offence under this section.Some other acts that qualify as disrespecting the flag are using the flag as drapery in any form except state funeral or funerals of armed and paramilitary forces .
What regulatory compliances are required while playing or singing the national anthem?
There are different guide lines for playing and singing the national anthem.The full version is 52 seconds, while the duration of the short version is about 20 seconds. The full version can be played during a national salute given on ceremonial occasions to the president governors and so on. The short version is played when drinking toasts in messes.
There are no restrictions on singing of the anthem as long as proper decorum is maintained. Whenever the anthem is sung or played, the audience is required to stand to attention. An order dated March 2016 however clarifies that in the course of a newsreel or documentary when the anthem is played as a part of the film, it is not expected of the audience to stand.
Asian sensitiveness vs. indifference in Canada, UK, USA
The Times of India, Jan 13 2017
Angry at finding out that Amazon Canada was selling doormats that resembled the Indian tricolour, external affairs minister Sushma Swaraj warned that no Amazon official would get a visa to India if the product wasn't removed. Amazon readily complied, and with an apology. But around the world, flags are put to interesting use.
STATE EMBLEM
The state emblem is an adaptation from the Sarnath Lion Capital of Ashoka. In the original, there are four lions, standing back to back, mounted on an abacus with a frieze carrying sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening wheels over a bell-shaped lotus. Carved out of a single block of polished sandstone, the Capital is crowned by the Wheel of the Law (Dharma Chakra).
In the state emblem, adopted by the Government of India on 26th January 1950, only three lions are visible, the fourth being hidden from view. The wheel appears in relief in the centre of the abacus with a bull on right and a horse on left and the outlines of other wheels on extreme right and left. The bell-shaped lotus has been omitted. The words Satyameva Jayate from Mundaka Upanishad, meaning 'Truth Alone Triumphs', are inscribed below the abacus in Devanagari script. The use of the state emblem of India, as the official seal of the Government of India, is regulated by the state of India (Prohibition of Improper Use) Act, 2005.
NATIONAL ANTHEM
NATIONAL SONG
See Vande Mataram
NATIONAL CALENDAR
The national calendar based on the Saka Era, with Chaitra as its first month and a normal year of 365 days was adopted from 22nd March 1957 along with the Gregorian calendar for the following official purposes: (i) Gazette of India, (ii) news broadcast by All India Radio, (iii) calendars issued by the Government of India and (iv) Government communications addressed to the members of the public.
Dates of the national calendar have a permanent correspondence with dates of the Gregorian calendar, 1 Chaitra falling on 22 March normally and on 21 March in leap year.
NATIONALANIMAL
The magnificent tiger, Panthera tigris, a striped animal is the national animal2 of India, it has a thick yellow coat of fur with dark stripes. The combination of grace, strength, ability and enormous power has earned the tiger its pride of place as the national animal of India. Out of eight races of the species known, the Indian race, the Royal Bengal Tiger, is found throughout the country except in the north-western region and also in the neighbouring countries, Nepal, Bhutan and Bangladesh.
NATIONAL BIRD
The Indian peacock, Pavo cristatus, the national bird of India, is a colourful, swansized bird, with a fan-shaped crest of feathers, a white patch under the eye and a long, slender neck. The male of the species is more colourful than the female, with a glistening blue breast and neck and a spectacular bronze-green trail of around 200 elongated feathers. The female is brownish, slightly smaller than the male and lacks the trail. The elaborate courtship dance of the male, fanning out the tail and preening its feathers is a gorgeous sight.
HC judge on why the celibate peacock is the national bird
Rajasthan high court judge Mahesh Chand Sharma said that a peacock does not mate with a peahen to procreate and it was because of this “quality“ that it was declared India's national bird.
Earlier on Wednesday , his last day in office, Sharma had observed while disposing of a petition that cow should be declared the national animal.
Sharma drew a parallel between the cow and peacock to highlight their `holy' qualities. “Peacock ki bhi quality hai, vo bhi mein bata deta hun aapko kyon declare kiya. Jo mor hai ye aajeevan brahm chari hai. Ye kabhi bhi morni ke saath sex nahi karta. Iske jo aansu aate hain, morni usey chug kar garbhvati hoti hai, mor ya morni ko janm deti hai,“ he said at a function to mark his last day in office. Elaborating on how peacock is considered holy because of its so-called celibacy, Sharma said: “Mor ka pankh bhi bhagwan Krishna ne isi liye lagaya. Sadhu-santon aur mandiron mein issi liye mor ko kaam mein liya jata hai -brahmcharya hai.(Lord Krishna wore the peacock feather for this reason.The feather is used by saints and priests and in temples because peacock is a celibate.)“
NATIONAL FLOWER
Lotus (Nelumbo Nucipera Gaertn) is the National Flower of India. It is a sacred flower and occupies a unique position in the art and mythology of ancient India and has been an auspicious symbol of Indian culture since time immemorial.
NATIONAL TREE
The Banyan Tree (Ficus benghalensis) is the National Tree of India. This huge tree towers over its neighbours and has the widest reaching roots of all known trees, easily covering several acres. It sends off new shoots from its roots, so that one tree is really a tangle of branches, roots, and trunks.
NATIONAL FRUIT
Mango (Manigifera indica) is the National fruit of India. Mango is one of the most widely grown fruits of the tropical countries. In India, mango is cultivated almost in all parts, with the exception of hilly areas. Mango is a rich source of Vitamins A, C and D. In India, we have hundreds of varieties of mangoes. They are of different sizes, shapes and colours. Mangoes have been cultivated in India since time immemorial.
See also
The National Symbols of India
