NEW DELHI: In a bid to curb the unauthorised use of national emblem, names and photographs of President and Prime Minister, govt has proposed amendments with heavy fine of upto Rs 5 lakh and jail term. Govt is looking at whether two laws, currently in force, to deal with misuse can be merged and brought under the administrative control of one department.
At present, the home ministry enforces the State Emblem of India (Prohibition of Improper Use) Act of 2005 and the consumer affairs department enforces Emblems and Names (Prevention of Improper Use) Act of 1950. Sources said the suggestion for merger of the laws came up during an inter-ministerial consultation.
“Once the final call is taken, the proposal to amend provisions with higher fines and penalties would be finalised. The current penalty of Rs 500 for violation of law has no impact,” said a source.
The consumer affairs department had first mooted amendments in 2019 with a provision of Rs 1 lakh penalty for first offence and Rs 5 lakh for repeat offence and jail term of six months. During recent consultations, the industry and internal trade department had suggested doing away with jail terms considering govt’s focus to decriminalise offences.
Sources said the consumer affairs department had proposed jail term keeping in mind similar provisions of the State Emblem of India Act, which is enforced by the home ministry.
It has a provision of imprisonment up to two years, or with fine of up to Rs 5,000 or both for improper use of national emblem.
Sources said the overhaul of the law has become all the more important considering that NGOs, trade organisations, firms and private organisations flood the registrar of societies with applications seeking permission to use words such as “India”, ” Commission”,”Corporation” and Bureau in their name.