News: The Supreme Court has rejected a plea seeking to protect VD Savarkar’s name under the Emblems and Names (Prevention of Improper Use) Act, 1950.
About Emblems and Names (Prevention of Improper Use) Act, 1950
- It is a legislation aimed at safeguarding national and international symbols from unauthorized commercial or professional exploitation.
- The “emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule.
- Nodal Ministry: Ministry of Consumer Affairs, Food, and Public Distribution.
- Objective: Prevent misuse of specified emblems, names, and symbols for commercial purposes to maintain their dignity and sanctity.
- Jurisdiction: It extends to the whole of India and also applies to citizens of India outside India.
Key Provisions
- Prohibited Uses (Section 3): It restricts the use of emblems/names listed in the Schedule (e.g., Indian national flag, UN/WHO emblems, names of national leaders like Gandhi) without prior permission from the Central Government.
- It applies to trade, business, patents, trademarks, or designs.
- Registration Restrictions (Section 4): It bars authorities from registering companies, trademarks, or patents that contravene Section 3.
- Penalty (Section 5): The violations attract a fine of up to ₹500.
- Schedule: Lists protected emblems/names, including:
- Indian national flag and emblem.
- UN, WHO, Red Cross symbols.
- Names/abbreviations of international organizations.
- Names/pictorial representations of Mahatma Gandhi, former Presidents, and Prime Ministers.
- Exemption: This Act does not provide any exemption to individuals from any legal action or proceeding that could be filed against them independently of this Act.
