The national flag is being misused a lot. Protests are being held while wearing the national flag, national structures are being burned, and votes are being sought. These actions are prohibited: Bhimarjun Acharya, Constitutional scholar
What you should know
Candidates for the February 21 election have been wearing the national flag in their activities, from registering their candidacy to soliciting votes. The question has arisen as to whether using the national flag in this way is misuse or not.
Legal experts and constitutional experts have commented that the government should take strict measures to prevent misuse of the national flag, as it is a symbol of the country and unity.
The national flag is mentioned in the constitution, government procedures, and the Criminal Code. Article 8 of the constitution contains provisions related to the national flag. The design of the flag used as a symbol of nationality, from how to make it, is mentioned in Schedule 1 of the constitution.
Similarly, the Ministry of Home Affairs has formulated procedures to ensure the correct use of the national flag. In the ‘Constitution of Nepal and Procedures for the Use of the National Flag and National Anthem, (including the First Amendment) 2069’, the government has specified certain jurisdiction over its use.
Section 11 of the procedures states that the national flag cannot be used in commercial advertisements, cannot be worn below the waist when wearing a badge, and cannot be used in a way that the moon falls below it. Legal experts argue that the section prohibits the wearing of any inner or outer garment below the chest, such as a burqa or a jacket or coat, meaning that the flag cannot be worn on the back like a burqa or a jacket or coat. However, flags are used in everything from protests, protests, violent demonstrations to election campaigns.
The Criminal Code states that if the flag is misused, it will be punished with imprisonment and a fine. According to Section 151 of Chapter 8 of the Criminal Code 2074, it is stated that action will be taken if the national flag and national anthem are insulted.
‘No one shall insult the national anthem of Nepal, burn the flag of Nepal, intentionally insult it, or use such anthem, flag or national emblem of Nepal in a place, object or situation where it should not be used from the perspective of public morality, etiquette or good manners,’ Sub-section 1 states. The article states that misuse of the flag will be punished with three years in prison or a fine of up to thirty thousand rupees, or both.
Constitutional expert Dr. Bhimarjun Acharya says that misuse of the national flag has increased recently. ‘The national flag has started to be misused a lot. Protests are being held under the national flag, national structures are being burned, and votes are being sought,’ Acharya wrote on social media, ‘These acts are prohibited. Wearing the national flag is not a garment.’
Senior advocate Ram Narayan Bidari says that the national flag cannot be used to seek votes or to hold protests against anyone. ‘It is being used for activities ranging from violence to party propaganda, this cannot be done,’ Bidari said, ‘The government should stop this.’ Deputy Attorney General Sanjiv Raj Regmi said that ordinary citizens can also use the national flag, but using it anywhere and for anything under this guise would be against the constitution and the law.
Congress leader Arjun Narsingh KC says that it is wrong to use the national flag indiscriminately in party programs. ‘The party’s flag is sufficient in a party program,’ KC said, ‘The national flag represents the entire nation and nationality, not a party or individual divided in opinion.’ Therefore, the organizers lack understanding and sense of civic duty regarding the use of the national flag.’
