Latest news with #EmblemsandNames(PreventionofImproperUse)Act


The Hindu
6 hours ago
- Politics
- The Hindu
CPI MP writes to President alleging misuse of Governor's office in Opposition-ruled States
Communist Party of India (CPI) Rajya Sabha MP from Kerala P. Sandosh Kumar on Friday wrote to President Droupadi Murmu alleging 'misuse' of gubernatorial authority in the Opposition-ruled States. Mentioning a recent incident in Kerala where a portrait of 'Bharat Mata' was used in an event at Raj Bhavan, leading to a boycott of the function by a State Minister, Mr. Kumar expressed serious concern over the 'continued misuse of gubernatorial authority in the Opposition-ruled States.' Mr. Kumar said it was most recently reflected in the conduct of the Kerala Governor during the Environment Day celebrations at Raj Bhavan, where a 'particular version of the Bharat Mata image' was displayed without consulting the State government. 'The arbitrary imposition of a particular version of the Bharat Mata image – without consultation with the elected government – forced Agriculture Minister P. Prasad to boycott the event,' Mr. Kumar said. Claiming that it was not an isolated episode, the CPI leader said, 'We are witnessing a pattern where Governors in States like Kerala and Tamil Nadu repeatedly act as political agents, converting Raj Bhavans into ideological outposts of the Rashtriya Swayamsevak Sangh (RSS), disregarding constitutional norms, federal principles and the mandate of democratically elected governments.' He alleged that the Kerala incident also 'potentially contravened' the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Prevention of Insults to National Honour Act, 1971, 'by misusing national symbols for political or sectarian purposes'. 'Reimagined symbols' 'The Bharat Mata image, originally envisioned by Abanindranath Tagore during the Swadeshi movement as a unifying emblem of anti-colonial resistance, has in recent years been altered and weaponised by an organisation notorious for its divisive politics. It is unacceptable that such reimagined and controversial symbols are now being forced upon official functions and public institutions, further polarising our society,' Mr. Kumar alleged. The CPI leader urged the President to 'take serious note of this trend and take immediate steps to ensure that Governors do not overstep their constitutional mandate'.


India Gazette
7 hours ago
- Politics
- India Gazette
CPI MP urges President to recall Kerala Governor over 'unconstitutional conduct'
New Delhi [India], June 6 (ANI): Communist Party of India (CPI) MP P Sandosh Kumar on Friday urged President Droupadi Murmu to recall Kerala Governor Rajendra Arlekar, accusing him of 'unconstitutional conduct' over the display of a perticular version of the Bharat Mata image without consulting the state government. In a letter addressed to the President, Kumar expressed grave concern over the Governor's unilateral decision to display a particular version of the Bharat Mata image during the Environment Day event at the Raj Bhavan in Kerala without any consultation with the elected state government. 'This imposition compelled the State Agriculture Minister P. Prasad to boycott the function, exposing yet again the partisan role being played by Governors in non-BJP ruled states,' Kumar said. 'This is not an isolated case. Governors in several states are increasingly behaving like political agents of the BJP-RSS, openly defying the constitutional framework that demands neutrality, restraint, and respect for elected governments,' said Shri P. Sandosh Kumar. He added that the symbolic manipulation of Bharat Mata-a historically secular and anti-colonial figure- into a sectarian and ideological emblem is a dangerous distortion that cannot be accepted in state functions or constitutional offices. 'They also potentially contravene the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Prevention of Insults to National Honour Act, 1971, by misusing national symbols for political or sectarian purposes. The Bharat Mata image, originally envisioned by Abanindranath Tagore during the Swadeshi Movement as a unifying emblem of anti-colonial resistance, has in recent years been altered and weaponised by an organisation notorious for its divisive politics,' Sandosh Kumar said. 'At a time when cooperative federalism should be the guiding principle of Centre-State relations, such provocations by Governors erode public trust and tarnish the office they occupy,' he said. He concluded by calling for urgent intervention from the President. 'I urge you to take serious note of this trend and take immediate steps to ensure that Governors do not overstep their constitutional mandate. The Governor of Kerala Rajendra Arlekar, by acting in an openly partisan and unconstitutional manner, has diminished the dignity of the office and should be recalled. The Raj Bhavans must remain neutral, constitutional spaces--not ideological shakhas. I hope this matter will find your much necessary intervention,' Kumar said. (ANI)


Indian Express
28-05-2025
- Politics
- Indian Express
Decode Politics: SC rejects plea to include Savarkar name in Emblems Act. What is this Act
The Supreme Court on Tuesday dismissed a plea seeking a direction to the Centre to include the name of Vinayak Damodar Savarkar in the list of a 1950 Act meant to prevent improper use of certain emblems and names for professional and commercial purposes. The petitioner, who was appearing in person, told the Bench that he had been researching Savarkar for 30 years, adding: 'I want to request the Court to issue directions to respondent number two (Union of India) and respondent number three (Ministry of Home Affairs) to include his name in the Schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950.' The Act prevents 'the improper use of certain emblems and names for professional and commercial purposes', which are listed in a Schedule adjoining the legislation. The Schedule can be altered by the Central government through a notification in the Official Gazette. The Act mandates that 'no person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified' in the Act's Schedule. 'Any colourable imitation without the previous permission of the Central Government' is also prohibited. Besides, the Act prohibits the registration of any company, firm or other body from registering a trademark or design which bears any emblem or name that finds a place in the Schedule. A patent which bears a title containing any emblem or name of the mentions in the Schedule is also prohibited. Any person who contravenes the provisions is punishable with fine. As per the Act, the name, emblem or official seal of the United Nations, the name, emblem or official seal of the World Health Organisation,'The Indian National Flag, and the official Government of India seal cannot be utilised for professional and commercial purposes. The name, emblem or seal of the President, or any pictorial representation of the Rashtrapati Bhavan also finds place in the Act. Certain freedom fighters and historical figures are not available for commercial usage. These include the name or pictorial representation of Mahatma Gandhi, former Prime Minister Indira Gandhi, Chatrapati Shivaji Maharaj, the Prime Minister of India. The words 'Gandhi' 'Nehru' or 'Shivaji', are not permitted except for pictorial use on calendars. Even in the case of calendars, only the name of the manufacturers and printers of the calendars are to be mentioned and they should not be used for advertising goods. The medals, badges or decorations instituted by the Government from time to time also find a mention. The word 'Interpol' which is an integral part of the International Criminal Police Organisation is part of the Schedule. Certain other organisations find their place in the Schedule, such as the Tuberculosis Association of India, the St. John's Ambulance Association (India), the Ramakrishna Math, the Sharada Math, and the Bharat Scouts and Guides, among others. The name and emblem of Auroville, the town in Pondicherry, also falls under the purview of the Act. In 2004, the Sri Sathya Sai Central Trust founded by Sathya Sai Baba and the National Human Rights Commission were included among organisations use of whose name or emblem is prohibited. In 2013, the name and emblem of the Federation Internationale de Football Association (FIFA) were added to the list. A key Supreme Court judgement 2004 answered 'whether the right to fly the National Flag' by an Indian citizen is a fundamental right within the meaning of Article 19(1)(a) of the Constitution of India. Industrialist Naveen Jindal had filed a writ petition on the subject in the Madhya Pradesh High Court, after a Jindal group factory in Raigarh was prohibited from flying the National Flag at the office premises of his factory as per The Flag Code of India. The High Court allowed the petition and held the Flag Code of India was not a valid restriction on the right to freedom of expression under Article 19 of the Constitution. The Union of India filed an appeal against this decision to the Supreme Court, saying the decision on citizens being free to fly the national flag was not subject to court interference. The SC found no merit in the Union's appeal and ruled that the right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the 'meaning of Article 19(1) (a) of the Constitution of India — which is 'being an expression and manifestation of his allegiance and feelings and sentiments of pride for the nation. However, it qualified that the fundamental right to fly the 'flag is not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of Article 19 of the Constitution of India, The Emblems and Names (Prevention of Improper Use) Act, 1950, and the Prevention of Insults to National Honour Act, 1971, regulate the use of the National Flag'.


The Hindu
27-05-2025
- Politics
- The Hindu
The Evening Wrap: May 27, 2025
The Supreme Court on Tuesday rejected a plea seeking to protect Hindutva ideologue VD Savarkar's name under the Emblems and Names (Prevention of Improper Use) Act, 1950. Appearing before a Bench headed by Chief Justice of India B.R. Gavai, petitioner-in-person Pankaj Phadnavis said the court must allow him to set right and establish certain historical facts concerning Savarkar to stop misunderstandings about him. The petition had arraigned the Leader of Opposition (LoP) in the Lok Sabha as a party respondent in the writ petition. The LoP, Congress leader Rahul Gandhi, was recently cautioned by the Supreme Court for his remarks against Savarkar. Mr. Gandhi had reportedly remarked that the Hindutva ideologue had addressed himself as a 'most obedient servant' to the colonial British authorities in his letters. The remarks were made during the Bharat Jodo Yatra in 2024. On April 24, the Supreme Court, while staying a trial court summons issued to Mr. Gandhi, in a complaint filed about his remarks, criticised him for making 'irresponsible' comments against freedom fighters like Savarkar. The Bench had even warned that Mr. Gandhi would not get similar interim relief if he repeated the act. On Tuesday, 65-year-old Mr. Phadnavis said he had researched Savarkar for years and must be allowed to clear the air about his legacy. The petitioner said it was a fundamental duty under Article 51A of the Constitution to undertake this task. 'The Leader of Opposition cannot impede my fundamental duties,' he submitted. However, the Bench questioned whether any of his fundamental rights under the Constitution had been violated, prompting him to approach the apex court in a writ petition. 'We cannot entertain writ petitions like this. We do not find any ground to intervene. The relief sought cannot be granted. Plea rejected,' Chief Justice Gavai recorded, dismissing the case. U.S. student visa may be revoked if students drop out, skip classes without informing: Embassy in India cautions The U.S. Embassy in India on Tuesday warned international students studying in the U.S. that if they 'drop out, skip classes, or leave your programme of study' without informing the school, then their student visas may be revoked. The Embassy in a post on X also urged students to adhere to the terms of visas and 'maintain your student status' to avoid any issues. 'If you drop out, skip classes, or leave your program of study without informing your school, your student visa may be revoked, and you may lose eligibility for future U.S. visas. Always adhere to the terms of your visa and maintain your student status to avoid any issues,' it said. American universities attract a large number of Indian students. In 2023, the U.S. consular team in India issued over 1,40,000 student visas — more than any other country — setting a record for the third year in a row. The same year, the U.S. Mission in India processed a record 1.4 million visas. Debt trap: Six of family found dead in car in Haryana's Panchkula, another dies on way to hospital Six members of a family, three of them children, were found dead inside a car in Haryana's Panchkula, while one more died on his way to a hospital, police said on Tuesday, suspecting a suicide pact. The car was spotted late last night by a passerby, who even exchanged a few words with the family member who died last. Police identified one of the deceased as Praveen Mittal, 41, the others as his wife, the couple's three minor children, two of them girls, both twins, and his parents. The car bearing a Dehradun registration plate was found parked on a roadside in a residential area in Panchkula's Sector 27. Puneet Rana, a local, told reporters that he was out on a walk with another person and spotted the car around 10 p.m. with a towel hanging out from one of its doors. He said he found the car unlocked and opened one of the doors. The man inside, he said, told him that he could not get a hotel room returning from a Bageshwar Dham event in Panchkula, so he and his family were sleeping in the car. Mr. Rana said that when he pointed a torch he had in his hand at the glass, he saw six people lying motionless on each other with vomit on them. The seventh, the man he was speaking to, was breathing with difficulty. His suspicions stoked, the passerby helped the man out, gave him water, and asked him if he had killed the people inside. 'He then told me that all his family members had committed suicide, and he too was going to die in five minutes. And then he collapsed,' Mr. Rana said. 'Before collapsing, he said he owed a lot of money to the banks. He said their relatives were rich, but they were not helping,' he added. All this while, a crowd gathered and informed the police. Though they reached the spot fairly quickly, the ambulance took around 40 minutes in arriving. Panchkula Deputy Commissioner of Police Himadree Kaushik said, 'Prima facie, it appears to be a matter of suicide. However, further investigations are on.' She said six of them were taken to a private hospital, while one was taken to the civil hospital. 'All seven died' she added. The cause of death at this time appears to be poisoning, she said. DCP (Crime), Panchkula, Haryana, Amit Dahiya said. 'At the moment, we are investigating the case from all angles. We are questioning the people in the area and going through the CCTV footage.' Police are also going through the family's social media accounts and their bank transactions, he told PTI. Praveen's father-in-law Rakesh told reporters in Panchkula that he came to know about the incident when police reached his house in Pinjore at 4 am. He said he had not been in contact with the family for some time, though earlier he used to help them with money. Asked where the family could have been last night, he said, 'I am told that they had gone for a Bageshwar Dham event in Panchkula.' The family had been living in Panchkula's Sakreti area, he said. Sandeep Aggarwal, who lives in Ludhiana, said that his cousin, Praveen Mittal, had not been doing well financially, and would refuse help whenever he would offer it. At the time of his death, Mittal was driving a taxi to make ends meet, he said. Mr. Aggarwal said police told him that his cousin had left a note behind for him. 'The note says I should be informed and be asked to conduct the last rites, and that no action should be taken against his father-in-law.' He said that at one point Mittal owed around ₹15 to ₹20 crore, 'but it was an old matter' and banks had seized whatever they could to settle the debt. Mr. Aggarwal said his cousin had moved to Dehradun ten years back without informing anyone. Six years ago, we got a phone call that they were living there, he said. 'A year ago they came to Kharar in Punjab and Praveen found it difficult to pay the rent and then moved to Pinjore to stay at his father-in-law's house for some time. But they could not get along and then they moved to Saketri,' he said. Mr. Aggarwal said he was shocked when he got the phone call about the deaths. 'Initially, I thought it was a prank call,' he said. DCP Dahiya said five police teams have been formed, of which, one each has been sent to Dehradun and Pinjore, to carry out an investigation. Rights groups back anti-dam protests in Arunachal Pradesh At least three rights groups have expressed their support for the ongoing protests against a proposed mega dam in the Siang region of Arunachal Pradesh. These organisations – Manipur's Centre for Research and Advocacy, Sikkim's Affected Citizens of Teesta, and Tripura's Borok People's Human Rights Organisation – have also condemned the Arunachal Pradesh government for booking lawyer-activist Ebo Mili. A first information report was registered against him following a complaint by P.K. Thungon, the Deputy Commissioner of the Siang district, for allegedly provoking the Adi community villagers to resist the security forces at the project site to facilitate a survey and the pre-feasibility report. Villagers of central Arunachal Pradesh's Siang, Upper Siang, and West Siang districts have been protesting the security build-up at the site for the proposed 11,000 megawatt Siang Upper Multi-purpose Hydroelectric Project (SUMP) since May 22. The project entails a 300-metre-high dam on the Siang River, downstream of the Yarlung Tsangpo River in Tibet, where China is planning a 60,000 MW project. Apart from fearing displacement and an ecological disaster, the villagers are against the dam as they revere the river as 'Ane', meaning 'mother' in the language of the Adi indigenous community. 'It is highly unfortunate that the government of India pursue the survey for SUMP without the free, prior, and informed consent of the Adi people of Arunachal Pradesh. The government of Arunachal Pradesh's notification on December 6, 2024, to deploy Central Armed Police Forces in the Siang district to facilitate the pre-feasibility study of the Siang dam and subsequent deployment violates indigenous peoples' rights,' the three rights bodies said. 'The deployment of security forces and militarisation of the dam site in May 2025, despite the opposition and call for dialogue by the affected Adi people, undermines all semblance of democracy. The Adi tribe is worried about the potential impacts of the SUMP on their land, ecology, forest, livelihood, culture, identity, involuntary displacement, increased disasters, and influx of non-Indigenous populations, downstream impacts and survival threats to their future,' the organisations said. They said the SUMP would cause significant downstream effects such as widespread flooding in Assam, apart from adversely affecting the Adi people and their land. 'The disaster risk posed by the dam is further heightened by the region's high seismicity and the worsening effects of climate change, including rapid glacier melting, deforestation, landslides, floods in the Himalayan region,' the organisations said. It cited the October 2023 glacial lake outburst disaster in Sikkim and the 2011 earthquake that damaged the 1,200 MW Teesta III and other dams in the Himalayan State as cases in point. The three organisations urged the Centre to hold meaningful dialogue with the Adi people who would be affected by the SUMP and drop the charges against Mr. Mili. China to collect record $22 billion BRI debt repayments from developing nations this year China will turn from a capital provider to a debt collector of 75 developing countries, including the world's poorest and most vulnerable, this year as they are due to pay back a record $22 billion loans owed to Beijing, according to data released by an Australian think tank. China has become the leading debt collector of developing countries, shifting from a net capital provider, 'as bills coming due from its Belt and Road lending surge in the 2010s now far outstrip new loan disbursements', the latest research report of the Australian think tank, the Lowy Institute, said. In 2025, about 75 of the world's poorest and most vulnerable countries will make 'record high debt repayments' totalling $22 billion to China as a result of peaks in new loan commitments made from 2012 to 2018, the report said. China faces a dilemma and growing diplomatic pressure to restructure unsustainable debt besides mounting domestic pressure, particularly from its quasi-commercial institutions, to recover outstanding debts, according to the report prepared by Riley Duke. Mr. Duke said that the research was being published now because China's Belt and Road Initiative (BRI) lending spree peaked in the mid-2010s, and those grace periods began expiring in the early 2020s— a likely 'crunch period' for developing-country repayments to China. How China's shift to chief debt collector will impact its reputation as a development partner remains to be seen, the Hong Kong-based South China Morning Post quoted Mr. Duke as saying. On Tuesday, the Chinese Foreign Ministry sought to play down the report, saying that a handful of countries are spreading rumours against Chinese loan assistance to developing countries. China's investment and financing cooperation with the developing countries is in line with the international common practices, the market principles and the principle of debt sustainability, Foreign Ministry Spokesperson Mao Ning told a media briefing here while commenting on the report. A handful of countries are spreading the rumours, citing China threat, but they don't talk about the fact that multilateral institutions are the major creditors of developing countries and the source of the debt repayment, she said. Under its influential BRI initiative, the signature initiative of President Xi Jinping, China has doled out billions of dollars of loans to dozens of infrastructure projects in developing countries to further its global influence. However, the investments attracted criticism of being debt traps after China acquired Sri Lanka's Hambantota port for a 99-year lease as a debt swap. Several recipient countries struggled to pay back the loans for the projects, especially after the COVID-19 pandemic and the resultant economic crisis and poor viability of the undertakings. In 54 of 120 developing countries with available data, debt-service payments to China now exceed the combined repayments owed to the Paris Club – a bloc that includes all major Western bilateral lenders, the report said. The research showed that China remains the largest bilateral lender in seven of its nine land neighbours: Laos, Pakistan, Mongolia, Myanmar, Kazakhstan, Kyrgyzstan and Tajikistan. In Brief: The Central Board of Direct Taxes (CBDT) has extended the deadline for filing income tax returns (ITRs) for the financial year 2024-25 to September 15 from the earlier deadline of July 31, 2025, citing the numerous changes that the forms have undertaken and the time taken to update the systems. 'The notified ITRs for AY 2025-26 have undergone structural and content revisions aimed at simplifying compliance, enhancing transparency, and enabling accurate reporting,' the CBDT said in a release on Tuesday (May 27, 2025). 'These changes have necessitated additional time for system development, integration, and testing of the corresponding utilities.' A suspected Khalistani terrorist died in a blast while retrieving explosive material from a vacant area on the Majitha road bypass in Punjab's Amritsar on Tuesday, police said. The intensity of the explosion, which took place around 9:30 a.m., was such that both arms of the man were blown off. Deputy Inspector General (Border Range) Satinder Singh said the man is suspected to have links with some terror organisation like Babbar Khalsa International (BKI). The man came here to retrieve the explosive material, and thereafter, the blast took place, he said. 'The explosive material was in his hands when the blast took place,' Mr. Singh told reporters in Amritsar. The Evening Wrap will return tomorrow.


New Indian Express
27-05-2025
- Politics
- New Indian Express
Supreme Court rejects plea to include Savarkar's name in Emblems and Names Act to prevent its misuse
The Supreme Court on Tuesday dismissed a plea seeking a direction to the Centre to include the name of Vinayak Damodar Savarkar in the schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950. The Act prevents the improper use of emblems and names for professional and commercial purposes. The petition filed by Dr. Pankaj Kumudchandra Phadnis, a research scholar said Gandhi was violating his fundamental duties by giving alleged statements against Savarkar. A two-judge bench, led by Chief Justice of India BR Gavai and Justice Augustine George Masih observed no violation of fundamental rights and said they cannot entertain writs like this. "We did not find any ground to intervene. The relief sought cannot be granted. No fundamental right of the petitioner is affected," said, the top court while rejecting the plea. The petitioner moved the top court seeking directions that the Lok Sabha Leader of Opposition (LOP), Rahul Gandhi, should do community service as punishment for his alleged remarks against Savarkar.