Govt mulls reforms to combat unauthorized use of national symbols, including hefty fines, jail terms: Report
Government seeks to tighten penalties for misuse of national emblems, names, and photographs of top leaders, with potential fines of up to Rs 5 lakh and imprisonment, as per media reports.
ADVERTISEMENT
The Indian government is proposing significant amendments to strengthen penalties for the unauthorized use of national symbols, including the emblems, names, and photographs of the President and Prime Minister. According to a Times of India report, the new provisions could impose fines of up to Rs 5 lakh and even include jail terms.
Currently, enforcement of these regulations falls under two key pieces of legislation: the State Emblem of India (Prohibition of Improper Use) Act of 2005, administered by the Ministry of Home Affairs, and the Emblems and Names (Prevention of Improper Use) Act of 1950, overseen by the Ministry of Consumer Affairs. The government has reportedly engaged in consultations with stakeholders and sought feedback from various ministries. While some ministries have argued for lowering penalties and removing jail terms, the final decision will be made by the Union Cabinet.
The move comes as a response to the ineffectiveness of the existing Rs 500 fine, which has failed to deter misuse.
In 2019, the Ministry of Consumer Affairs had suggested amendments that would introduce penalties of Rs 1 lakh for a first offense and Rs 5 lakh for repeat offenses, along with the possibility of a six-month jail term. However, in more recent discussions, the Ministry of Industry and Internal Trade recommended eliminating jail terms, reflecting the government's broader efforts to decriminalize certain offenses.
The Consumer Affairs Ministry, however, has advocated for including jail terms, citing parallels with the State Emblem of India Act, which allows for imprisonment of up to two years, a fine of up to Rs 5,000, or both, for improper use of the national emblem.
The proposed overhaul of these laws comes amid a surge in applications from non-governmental organizations, trade bodies, and private firms seeking permission to use terms like “India,” “Commission,” “Corporation,” and “Bureau” in their names. If approved, the amendments would mark the first major update to the law in 74 years, since its inception.
