Source: TH
Context: The Supreme Court dismissed a petition seeking protection of V.D. Savarkar’s name under the Emblems and Names (Prevention of Improper Use) Act, 1950.
About Emblems and Names (Prevention of Improper Use) Act, 1950:
- What is It?
- A regulatory legislation to prevent the commercial or improper use of national emblems, names, and symbols that hold public significance or represent national institutions.
- Enforced On:1st September, 1950, through Gazette notification.
- Nodal Authority: Central Government – empowered to amend the Schedule and issue rules under the Act.
- Objectives of the Act:
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- Prohibit misuse of names/emblems associated with national institutions or public trust.
- Protect the dignity of names and symbols associated with the Indian government, historic personalities, and international bodies.
- Maintain decorum in commercial branding, preventing deceptive or misleading affiliations.
- Key Features:
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- Prohibition Clause (Section 3): Disallows the use of specified names/emblems for business, trade, patents, or advertising without Central Government permission.
- Scope (Section 1 & 2):
- Applies across India and Indian citizens abroad.
- “Name” includes abbreviations, and “emblem” includes flags, seals, and coats of arms.
- Ban on Registrations (Section 4): Authorities cannot register companies, trademarks, or patents bearing protected names/emblems.
- Penalty (Section 5): Misuse punishable by fine up to ₹500.
- Mandatory Sanction (Section 6): Prior sanction from the Centre is needed before prosecution.
- Dynamic Schedule: The Schedule includes protected items such as the Indian National Flag, Mahatma Gandhi’s name, Rashtrapati Bhavan, and others.
