Karnataka high court orders crackdown on misuse of national emblems, symbols

Bengaluru: The Karnataka high court has directed both state and the central govts to strictly implement provisions of The Emblems and Names (Prevention of Improper Use) Act, 1950, and The Emblems and Names (Prevention of Improper Use) Rules, 1982, to prevent unauthorised use or misuse of national symbols and emblems at public places and on vehicles. Violators should be dealt with sternly by imposing fines, the court stated in a recent order.
Disposing of a PIL filed by High Court Legal Services Committee, a division bench comprising Chief Justice NV Anjaria and Justice MI Arun ordered strict implementation of the State Emblem of India (Prohibition of Improper Use) Act, 2005, and The State Emblem of India (Regulation of Use) Rules, 2007, as well as the Rules of 2010 and all applicable provisions of the Central Motor Vehicle Rules, 1989, especially Rules 50 (pertaining to number plates) and 51 (provisions related to hire-purchase, lease, or hypothecation agreements), and Karnataka Motor Vehicle Rules, 1989, especially 145-A (prohibition of improper use of state emblem).

The bench said people and institutions are unauthorisedly using national emblems, govt and department names on roads and in other public spaces in contravention of Rule 10 of the State Emblem of India (Regulation of Use), 2007 and instructed law-enforcing agencies to immediately remedy the situation.
The bench said there is a tendency among former authorities, including former MPs and legislators, to misuse national emblems, flags and names, by fixing them on letterheads and number plates of vehicles. "This conduct is both unfortunate and depreciable. The misuse of symbols, seals, flags, emblems, and names must be countered for their illegal and unauthorised display at various places in various manners," the bench said.
Authorities were told to issue notices through print and visual media, requesting people to remove unauthorised display of prohibited flags, emblems, names, symbols, stickers, seals, and logos of any kind within four weeks.
It said implementing authorities must be directed to register cases under provisions of relevant Acts and rules wherever complaints regarding the misuse of national symbols and emblems are found correct.
"Respondents should frame regulations to impose fines and cancellation of driving licences for violating the law on use of national emblems and symbols. Traffic police should be trained to observe and take penal action whenever they come across violations of this kind," the court stated while disposing of the PIL.