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 the 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: 1 September 1950, through Gazette notification.
- Nodal Authority: Central Government – empowered to amend the Schedule and issue rules under the Act.
Objectives of the Act
- Prohibit misuse of names and emblems associated with national institutions or public trust.
- Protect the dignity of names and symbols linked to the Indian government, historic personalities, and international bodies.
- Maintain decorum in commercial branding, preventing deceptive or misleading affiliations.
Key Features of the Act
1. Prohibition Clause (Section 3)
Disallows the use of specified names or emblems for business, trade, patents, or advertising without Central Government permission.
2. Scope (Sections 1 & 2)
- Applies across India and to Indian citizens abroad.
- “Name” includes abbreviations; “emblem” includes flags, seals, and coats of arms.
3. Ban on Registrations (Section 4)
Authorities cannot register companies, trademarks, or patents bearing protected names or emblems.
4. Penalty (Section 5)
Misuse is punishable by a fine of up to ₹500.
5. Mandatory Sanction (Section 6)
Prior sanction from the Central Government is required before prosecution.
6. Dynamic Schedule
The Schedule includes protected items such as the Indian National Flag, Mahatma Gandhi’s name, Rashtrapati Bhavan, and others.
Conclusion
The Supreme Court’s dismissal of the Savarkar name‑protection plea under the Emblems and Names Act 1950 reaffirms the Act’s scope and procedural safeguards. By balancing national dignity with regulatory clarity, this legislation continues to prevent misuse of India’s most significant symbols and names.
