Kerala accounted for the highest number of cases relating to insulting of the national flag last year registered under the Prevention of Insult to National Honour Act, 1971.
The State logged more than one out of every three of the 61 cases registered nationally in this connection last year, with 21 cases in all. Maharashtra, which had the second highest number of such cases, accounted for 11 cases and third placed Karnataka registered seven cases.
As per the Act, “Whoever in any public place or in any other place within public view burns, mutilates, defaces, 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”.
But so many cases may really not mean that Keralites are any less nationalistic than their counterparts elsewhere, say officials. Sheer ignorance or negligence may be the culprit in many cases.
Officials with the State Crime Records Bureau say this may have to do with the high degree of vigilance among Keralites, who attach much importance to these symbols. “Most of these complaints belong to disrespectful displays of the national flag, such as hoisting the flag upside down or keeping the flag hoisted even after sunset, etc. Cases could be also registered for intentional improper use such as stamping on the flag or wearing it on the body etc.,” explained Zakariah George, Superintendent of Police, State Crime Records Bureau. Another senior officer with the State police maintained that though the Act stipulated three years of imprisonment, the accused were always given the benefit of doubt. “Though ignorance is no excuse in the eyes of the law, the intent of a person has to be taken into consideration. Hence, they are always let off after serving legal notice,” he said.
The State police have been also receiving several complaints — mostly from cinemas, about people disrespecting the national anthem. “Though the Act provides for the same quantum of punishment, no major actions have been initiated in this direction as well as the complaints are not genuine in most cases,” added the officer.
