KATHMANDU: Concerns have intensified over the misuse of Nepal’s national flag in political protests, social movements and election campaigns, with constitutional experts and political leaders warning that such practices undermine the dignity of a national symbol protected by law.
During the Gen‑Z movement, individuals accused of attempting arson at the Parliament building and the President’s Office, Sheetal Niwas, were seen carrying the national flag on their shoulders. While such acts were justified by some as protests against the alleged brutality of the then government, the National Flag Usage Procedure defines these actions as misuse of the flag.
The procedure clearly outlines how and where the national flag may be used. However, several individuals and political parties have continued to misuse it, particularly on social media, during street demonstrations and in election campaigning, often in ways deemed disrespectful.
Under existing regulations, district administration offices are responsible for regularly monitoring whether the national flag is being used in accordance with the law.
Legal experts raise alarm
Constitutional expert Bhimarjun Acharya has strongly objected to the growing trend of treating the national flag like an item of clothing. Taking to Facebook, he urged concerned authorities to take immediate notice of the issue.
“The misuse of the national flag has increased excessively,” Acharya wrote. “Using the national flag to stage protests, to burn the country, or to seek votes is prohibited and must stop immediately. The national flag is not a piece of clothing.”
Echoing his concerns, Nepali Congress leader Min Bishwakarma said Acharya’s remarks were highly relevant and stressed the need for strict regulation and control against such unlawful acts.
In a detailed social media post, Bishwakarma highlighted that the national flag is neither a promotional tool nor a symbol of any particular political party. He questioned the impact on the dignity of the flag when it is turned into items such as caps, saris, shirts or jackets, and said its use in acts of arson, vandalism and looting amounts to an insult to the nation.
What the law says
According to the National Flag Usage Procedure, 2022, Clause 9 of Chapter 1 states that the national flag must be used in a manner that does not undermine its dignity and respect. Citizens are allowed to hoist the flag at private residences, but all institutions and individuals are required to lower it on days of national mourning declared by the government.
Clause 11 strictly prohibits acts such as disrespecting the flag, displaying it upside down, tearing, burning or throwing it away, using it for commercial advertising, or wearing it below the waist or on clothing worn below the chest. The procedure also bars the use of the flag in any manner other than hoisting, except where explicitly permitted.
The Home Ministry has warned of legal action against those found misusing the national flag. Ministry spokesperson and Joint Secretary Anand Kafle said in a statement that the national flag, a symbol of national pride and sovereignty, must be used strictly in accordance with prevailing laws, failing which legal action will be taken.
The Criminal Code, 2017 also criminalizes acts that insult the national flag or use it in places or situations contrary to public morality, decency or good conduct.
Election Commission issues warning
Amid growing criticism over the misuse of the national flag during campaigning for the House of Representatives election scheduled for March 5, the Election Commission has reiterated provisions in the election code of conduct.
According to the commission, political parties and candidates may use a maximum of 10 flags in rallies, mass meetings, corner assemblies, door-to-door campaigns or any form of procession. Using more than the prescribed number constitutes a direct violation of the code of conduct and may invite legal action.
The commission has also imposed a complete ban on the use of the national flag in general campaign materials outside of public programs.
Administration vows monitoring
Kathmandu Chief District Officer Ishwar Raj Paudel acknowledged that systematic monitoring of national flag usage has not been conducted so far. However, he said the issue has now been placed “under notice” following increasing reports of misuse on social media and other platforms.
“The national flag is closely linked to the sentiment of patriotism,” Paudel told Khabarhub. “Every citizen has affection and respect for the flag. While the law may not specify exact penalties, there is a clear procedure on how and where the flag should or should not be used. If its use is found to be inappropriate or indecent, the administration has a duty to monitor and act, and we will do so from now on.”
Comment