NEW DELHI: The Indian government has taken significant steps to combat the unauthorized use of national symbols, particularly concerning the emblems, names, and photographs associated with the President and Prime Minister. A proposal put forth seeks to raise penalties dramatically, with fines reaching up to Rs 5 lakh and potential jail terms for violators of these national representations.
Currently, enforcement of these regulations is governed by two laws: the State Emblem of India (Prohibition of Improper Use) Act of 2005, which is under the Ministry of Home Affairs, and the Emblems and Names (Prevention of Improper Use) Act of 1950, managed by the Ministry of Consumer Affairs. The existing penalties under these statutes are minimal, with the current maximum at only Rs 500—an amount deemed ineffective against rampant misuse.
According to sources, consultations among various government ministries are underway to discuss the possibility of merging these two distinct laws under one administrative body, which could streamline enforcement and solidify the legal framework against misuse. The discussion has gained traction during inter-ministerial meetings, emphasizing the importance of these changes. "Once the final call is taken, the proposal to amend provisions with higher fines and penalties would be finalized. The current penalty of Rs 500 for violation of law has no impact," remarked a source close to the discussions.
The push for these amendments has its roots dating back to 2019, when the Ministry of Consumer Affairs originally suggested adjustments to increase first offense penalties to Rs 1 lakh, with repeat offenders facing fines of Rs 5 lakh. A proposed jail term of up to six months was also tabled, though this aspect has been contentious. The Ministry of Industry and Internal Trade has advocated against such jail terms, aligning with broader government initiatives aimed at decriminalizing certain offenses.
According to reports from the Times of India, the Consumer Affairs Ministry's latest recommendations contend for the inclusion of jail terms, particularly reflecting similarities to the provisions outlined within the State Emblem of India Act, which permits imprisonment for improper use of the national emblem for up to two years.
Thrusting the discussion forward is the ever-increasing demand from non-governmental organizations, trade bodies, private companies, and other entities seeking permission to utilize integral national terms such as “India,” “Commission,” “Corporation,” and “Bureau” within their names. This has raised concerns about dilution and misuse of national identity, pushing the government to take assertive action.
The final decision on these proposed amendments is yet to be made but rests within the purview of the Union Cabinet. Stakeholder feedback is being integrated as the government seeks to establish clear and effective regulations around the use of national emblems and associated identifiers.
If adopted, these amendments would represent the most significant updates to the laws governing the use of India’s national symbols since 1950, marking 74 years since the original enactments. It signals the government's commitment to safeguard national identity and prevent misuse from entities taking liberties with the terms and symbols integral to India’s heritage.
Moving forward, the outlook indicates stricter compliance measures and heightened awareness among organizations as new laws will potentially toughen the existing framework against infractions involving national emblems. Economic stakeholders and civil representatives alike are watching closely as the government deliberates these pivotal changes.
Overall, the proposed overhaul embodies the national ethos and reflects the sentiments of citizens who uphold the sanctity of their identity. The balance between deterrent measures and decriminalization remains at the forefront of discussions, illustrating the complexity of policy-making surrounding national integrity.
