Protection Of The National Emblem Of India: An Emergency

Protection Of The National Emblem Of India: An Emergency

SatyamevaJayate

These were the first words which Friedrich Oretel came across while he and his team excavated the Ashoka Pillar of Sarnath in 3 different parts in the year. The top most “Lion Capital, was found intact and is at display, in Sarnath Museum.

This “National Symbol” is used for official purposes of the State and represents the essence of the history, or the culture-heritage etc. of the country. The“Stupa” was erected around 3rd Century B.C. in the era of Ashoka the Great to honor the place where Buddha gained enlightenment and preached his gospels of peace, tolerance and even discharge from the worldly affairs- forming the essence of Buddhism. However, it is contended that this Lion Capital depicts the life of Gautama Buddha whereby the 4 Lions engraved emblematizes Buddha’s attainment of Nirvana; the Horse portrays Buddha’s departure from the routine life and theBull on its backside indicates the Buddha’s desire as a prince. Lastly, the elephant illustrates Queen Maya’sdream of a white elephant entering her womb[1], explaining the noble birth of Buddha. This arrangement is supported by the abacus resting upon the 24-spoke Chakrawitnessed on the Indian National Flag[2]. This approach was adopted by the Constituent Assembly, which interpreted the Lions to symbolize the qualities of power, confidence and courage and the other animals as the 4 major directions of India, implying the citizens equipped with the aforesaid qualities, spread all across the nation. Eventually, it was incorporated as the National Symbol of India on 26th January, 1950, i.e. on its First Republic Day. Since then, the Emblem is perceived on every notice issued by the Government on diverse occasions. Right from the resolution to wage war against Pakistan in the 1970s to the approval of the 100th Amendment, its every document has the seal endorsed upon it. Sadly, its abuse deprives it of its sanctity and is losing its importance today. Thus, it is crucial to discern the legal protection of our National Emblem; elucidated below. 

The Act:

This privileged emblem is a sign of honor and merit and bestows several privileges upon those associated with the Government of India. As its official seal[3], the attestation upon documents asserts the consent of the Government of India for the task at hand. And its unauthorized exercise can threaten the existence of the state itself and therefore, the legislature of India, formulated the State Emblem of India Act, 2005[4] coupled with State Emblem of India Rules 2007, to cushion the National Emblem against exploitation in India.

Through the esteemed columns of this Act, any indecorous use of Emblem, falsely materializing a document etc. sanctioned or approved by the Government or any officer on behalf of the Government[5]is punishable with imprisonment upto 2 years or five thousand years or both[6]. Likewise, the use of National Emblem for trade, business, etc., without the permission of the Government, through the conditions prescribed[7] would be imprisoned for a term ranging from 6 months to 2 years or a fine of rupees five thousand or both[8]. Moreover, the Act also disallows Commission, Committees, Public Sector Undertaking, Municipal Council, Panchayati Raj institutions, Parishad, Non-Governmental institutions, Universities to use the Emblem in anymanner[9]. Lastly, no competent authority can register a trademark or grant a patent to an invention such that the aforesaid would be utilizing the National Emblem in any manner[10].

However, the Act permits the President, the Prime Minister, the Governors, Chief Ministers and the respective chiefs appointed by them to various posts are privileged to maneuver or boast this Emblem[11], especially upon their vehicles[12], besides public[13] buildings. Furthermore, it is emblematized in disparate Governmental pamphlets, websites, medals-certificates, coins, notes etc. and are printed or maintained on the direction and behalf of the government[14].

 Conclusion:

Thus, the State strives to curb the dissipation of the National Emblem and its powers and privileges by the fraudsters. Through Article 51-A(1) of the Indian Constitution[15]it is our fundamental duty to respect the National Emblem[16] and of the Law enforcement mechanism to uphold the same. This draws attention to the exploitation of the National Emblem through various applications on internet and the law enforcement mechanism turning a Nelson’s eye towards them destroys its prestige. Thus, its casual approach towards the aforesaid leads to its rampant misuse and the author humbly pleads to strengthen the aforesaid to vindicate the esteem of our National Emblem- the symbolic identity of India. 


[1] As retrieved from: (http://www.fullstopindia.com/national-emblem-of-india-the-four-lions-of-sarnath/)

[2]Section 2(b) of State Emblem of Indian Act, 2005. As retrieved from: (http://lawmin.nic.in/ld/P-ACT/2005/The%20State%20Emblem%20of%20India%20(Prohibition%20of%20Improper%20Use)%20Act,%202005.pdf)

[3]Rule 5 of State Emblem of India (Regulation of Rules) Use, 2007. As retrieved from: (http://jharsuguda.nic.in/police/Acts/StateEmblemOfIndia(RegulationOfUse)Rules,2007.pdf)

[4]Hereafter referred to as “The Act” or “Act

[5]Section 3 of The State Emblem of India (Prohibition of Improper USE) Act, 2005. As retrieved from:(http://lawmin.nic.in/ld/P-ACT/2005/The%20State%20Emblem%20of%20India%20(Prohibition%20of%20Improper%20Use)%20Act,%202005.pdf)

[6]Section 7(1) of The State Emblem of India (Prohibition of Improper USE) Act, 2005. As retrieved from:(http://lawmin.nic.in/ld/P-ACT/2005/The%20State%20Emblem%20of%20India%20(Prohibition%20of%20Improper%20Use)%20Act,%202005.pdf)

[7]Section 4 of The State Emblem of India (Prohibition of Improper USE) Act, 2005. As retrieved from:(http://lawmin.nic.in/ld/P-ACT/2005/The%20State%20Emblem%20of%20India%20(Prohibition%20of%20Improper%20Use)%20Act,%202005.pdf)

[8]Section 7(2) of The State Emblem of India (Prohibition of Improper USE) Act, 2005. As retrieved from:(http://lawmin.nic.in/ld/P-ACT/2005/The%20State%20Emblem%20of%20India%20(Prohibition%20of%20Improper%20Use)%20Act,%202005.pdf)

[9]Rule 10(2) of State Emblem of India (Regulation of Rules) Use, 2007. As retrieved from: (http://jharsuguda.nic.in/police/Acts/StateEmblemOfIndia(RegulationOfUse)Rules,2007.pdf)

[10]Section 5 of The State Emblem of India (Prohibition of Improper USE) Act, 2005. As retrieved from:(http://lawmin.nic.in/ld/P-ACT/2005/The%20State%20Emblem%20of%20India%20(Prohibition%20of%20Improper%20Use)%20Act,%202005.pdf)

[11]Essence of Schedule I,II, of State Emblem of India (Regulation of Rules) Use, 2007. As retrieved from: (http://jharsuguda.nic.in/police/Acts/StateEmblemOfIndia(RegulationOfUse)Rules,2007.pdf)

[12]Rule 7 of State Emblem of India (Regulation of Rules) Use, 2007. As retrieved from: (http://jharsuguda.nic.in/police/Acts/StateEmblemOfIndia(RegulationOfUse)Rules,2007.pdf)

[13]Rule 8 of State Emblem of India (Regulation of Rules) Use, 2007. As retrieved from: (http://jharsuguda.nic.in/police/Acts/StateEmblemOfIndia(RegulationOfUse)Rules,2007.pdf)

[14]Schedule III of State Emblem of India (Regulation of Rules) Use, 2007. As retrieved from: (http://jharsuguda.nic.in/police/Acts/StateEmblemOfIndia(RegulationOfUse)Rules,2007.pdf)

[15]Fundamental Duties. As retrieved from:  (http://www.constitution.org/cons/india/p4a51a.html)

[16]Its interpretation in the present context

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