The Karnataka High Court has issued strong directions to stop the misuse of national emblems, symbols, and flags. Authorities must act strictly and raise public awareness to protect national pride.
Bengaluru: The Karnataka High Court recently gave strong instructions to stop the illegal use of India’s national emblems and symbols by people who are not allowed to use them. The Bench of Chief Justice NV Anjaria and Justice MI Arun stressed that these national symbols and emblems stand for the pride, respect, and dignity of the country.
The Court said,
“National Symbols and National Emblems represent pride and honour of our nation and country.”
The judges expressed concern that even some former MPs, MLAs, and government officials were misusing these symbols after leaving office.
The Court added,
“It is true and unfortunate that there is tendency amongst the constitutional authorities who are the former authorities no more in the office, the former Members of the Parliament or Ex-Legislators have been misusing the Emblem, Flags, Names, etc. by fixing them in their letter heads and the number plates of the vehicles. This conduct is both unfortunate and depreciable. The misuse of Symbols, Seals, Flags, Emblem and Names have to be countered for their illegal and unauthorised display at various places in various manners.”
To handle this serious issue, the Court said there is a need to apply the existing laws strictly. These include the Emblems and Names (Prevention of Improper Use) Act, 1950 and the State Emblem of India (Prohibition of Improper Use) Act, 2005, along with their related rules.
The judges said,
“The higher-ups of the respondents shall chalk out the methods and programmes to sensitise the officials and implementing authorities to see and ensure that the misuse of National Emblem and National Symbols in various forms do not occur, stopped and prevented. Where such conduct of using them unauthorisedly is noticed, they are (to be) dealt with sternly.”
They also made it clear that if someone is found misusing national symbols, then a police case must be registered immediately. They also said the authorities should issue necessary circulars to make this process fast and strict.
In the Court’s order dated April 4, it directed the State government to publish a public notice in newspapers and on TV, requesting people to remove all wrongly used flags, stickers, names, seals, emblems, and symbols from their vehicles and other places within four weeks.
The Court stated,
“The school children or the law students shall also be involved in spreading awareness against misuse and unauthorised display of National Symbols and Emblems by any person, body or organization.”
The judges further ordered both the Central and State governments to make new rules which include punishments like fines and even cancellation of driving licences if someone uses the national emblem or symbol without permission on their vehicle.
They said,
“The traffic police should be educated by undertaking programmes and imparting training to keep observance and proper vigil to take penal action whenever they come across the violation of the kind and nature.”
This order came while the Court was hearing a Public Interest Litigation (PIL) filed by the High Court Legal Services Committee. Earlier, a single judge of the Karnataka High Court noticed that some individuals and NGOs were misusing names like “Human Rights Commission” on their vehicles.
They were trying to show as if they were connected to government authorities when they were not. This raised the issue, and later the Committee filed the PIL.
The Karnataka High Court noted,
“These Symbols, Emblems and Names, disseminate nation’s illuminating stories and preach ideals of our glorious history, essentials of culture, fundamental values and national ethos. They in their style, projection, make and mould, often carry landmarks of Indian civilization and history. The National Symbols and Emblems are identity in themselves which stand to elate and embellish the status and dignity of the country.”
Advocate Sohani A Holla represented the High Court Legal Services Committee. Additional Government Advocate Niloufer Akbar appeared for the Karnataka government, while Deputy Solicitor General of India H Shanthi Bhushan represented the Central Government.
The High Court’s order is a strong step towards protecting the dignity and identity of India’s national symbols and making sure they are not misused or wrongly displayed by people who are not authorised to use them.
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