4.1. Available Legal Provisions for Enforcement of Fundamental Duties

Any non-operationalization of Fundamental Duties is not necessarily because of the lack of concern or non-availability of legal and other enforceable provisions; but it is more a case of lacuna in the strategy of implementation. Some of the legal provisions available in regard to enforcement of Fundamental Duties are as under:

♤ In order to ensure that no disrespect is shown to the National Flag, Constitution of India and the National anthem, the Prevention of Insults to National Honour Act, 1971 was enacted.

♤ The Emblems and Names (Prevention of Improper Use) Act 1950 was enacted soon after independence, inter alia, to prevent improper use of the National Flag and the National Anthem.

♤ In order to ensure that the correct usage regarding the display of the National Flag is well understood, the instructions issued from time to time on the subject have been embodied in Flag Code of India, which has been made available to all the State Governments, and Union territory Administration (UTs).

♤ There are a number of provisions in the existing criminal laws to ensure that the activities which encourage enmity between different groups of people on grounds of religion, race, place of birth, residence, language, etc. are adequately punished. Writings, speeches, gestures, activities, exercise, drills, etc. aimed at creating a feeling of insecurity or ill-will among the members of other communities, etc. have been prohibited under Section 153A of the Indian Penal Code (IPC).

♤ Imputations and assertions prejudicial to the national integration constitute a punishable offence under Section 153 B of the IPC.

♤ A Communal organization can be declared unlawful association under the provisions of Unlawful Activities (Prevention) Act 1967.

♤ Offences related to religion are covered in Sections 295-298 of the IPC (Chapter XV).

♤ Provisions of the Protection of Civil Rights Act, 1955 (earlier the Untouchability (Offences) Act 1955) “provide for punishments for offences related to caste and religion.”

♤ Sections 123(3) and 123(3A) of the Representation of People Act, 1951 declares that soliciting of vote on the ground of religion and the promotion or attempt to promote feelings of enmity or hatred between different classes of citizens of India on the grounds of religion, race, caste, community or language is a corrupt practice. A person indulging in a corrupt practice can be disqualified for being a Member of Parliament or a State Legislature under Section 8A of the Representation of People Act, 1951.