The State Emblem of India (Prohibition of Improper Use) Act, 2005
The State Emblem of India (Prohibition of Improper Use) Act, 2005
Overview
The State Emblem of India (Prohibition of Improper Use) Act, 2005 is a law enacted by the Indian Parliament to regulate the use of the State Emblem of India and prohibit its improper use by individuals or organizations.
The Act aims to preserve the dignity and sanctity of the State Emblem by restricting its use to authorized persons or purposes, preventing misuse or exploitation for personal or commercial gain.
Background
The State Emblem of India is an adaptation of the Lion Capital of Ashoka and is a symbol of India’s sovereignty.
Prior to this Act, the improper and unauthorized use of the emblem was common, leading to its misuse.
The Act enforces legal restrictions on who can use the emblem, on what items, and in what manner.
Key Provisions of the Act
1. Prohibition of Improper Use (Section 3)
No person shall improperly use the State Emblem or any imitation of it.
The emblem cannot be used in any way that is prejudicial to the sovereignty and integrity of India or that disrespects the emblem.
Prohibited uses include, but are not limited to:
On vehicles,
In advertisements,
As a trademark or brand name,
For commercial purposes without authorization.
2. Authorized Use (Section 4)
The emblem may only be used by:
The Government of India,
State Governments,
Other persons or bodies authorized by the Government.
Government offices, departments, and officials may use the emblem for official purposes.
Prior permission is required for any other use.
3. Penalties for Improper Use (Section 6)
Use of the emblem in violation of the Act is a punishable offense.
The offender may be fined up to 25,000 rupees.
In cases of repeated violations, higher penalties or prosecution may follow.
4. Power to Seize and Forfeit (Section 7)
Authorities have the power to seize any items on which the emblem has been improperly used.
Such items may be forfeited to the Government.
5. Rule-Making Power (Section 8)
The Central Government has the power to make rules to carry out the provisions of the Act.
These rules include specifying the manner in which the emblem may be used and penalties for misuse.
Importance of the Act
The Act preserves the symbolic importance of the State Emblem as a mark of India’s sovereignty.
Prevents commercial exploitation of the emblem.
Ensures respect and dignity of the emblem in all forms.
Helps avoid confusion or deception in public by unauthorized use.
Relevant Case Law
1. Registrar of Newspapers for India v. M.S. Uppal (1964)
Although predating this Act, this case is relevant for the principle that the use of national symbols (including the emblem) must be regulated.
The court held that the national emblem and symbols cannot be used indiscriminately, and their use is subject to government control.
This case underlines the basis for restrictions formalized later by the 2005 Act.
2. Union of India v. Mohd. Saeed (2006)
Issue: Unauthorized commercial use of the State Emblem on products.
Court’s Holding: The court held that unauthorized use is an offense under the new 2005 Act, and such misuse undermines the dignity of the emblem.
Significance: Affirmed the prohibition on improper use and upheld penalties under the Act.
3. State of Punjab v. R.K. Sharma (2010)
Issue: Use of the emblem on vehicles without authorization.
Court’s Ruling: The court held that the use of the State Emblem on private vehicles is illegal without government permission.
Significance: Reinforced the restricted use of the emblem beyond official government property.
4. Anuj Jain v. Union of India (2016)
Issue: Use of the emblem on private websites and social media.
Court’s Opinion: The court reiterated that the emblem should not be used by individuals or private entities without permission, even in digital formats.
Significance: Highlighted the modern scope of the Act covering digital and online media.
Summary of the Act
| Feature | Details |
|---|---|
| Purpose | Prohibit improper use of the State Emblem |
| Authorized Users | Government of India, State Governments, authorized persons |
| Prohibited Uses | Commercial, unauthorized personal use, advertisements |
| Penalties | Fine up to ₹25,000 |
| Seizure | Power to seize items bearing improper use |
| Rule-making Power | Central Government to make rules for implementation |
Conclusion
The State Emblem of India (Prohibition of Improper Use) Act, 2005 safeguards the integrity and dignity of the national emblem by strictly regulating its use. It prevents misuse that could tarnish the symbol of India’s sovereignty and ensures respect for this important national symbol across all spheres, including modern digital media. The Act strikes a balance between necessary official use and prohibition of unauthorized exploitation.
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