Center proposes heavy fines and jail terms to curb misuse of national emblem | News of India

NEW DELHI: In an attempt to curb unauthorized use of national emblems, names and photographs of the president and prime minister, the government has proposed amendments that carry a hefty fine of up to Rs 5 lakh and jail term. The government is considering whether to merge the two existing anti-abuse laws and bring them under the administrative control of one department.
The Ministry of Home Affairs currently enforces the National Emblem of India (Prohibition of Misuse) Act, 2005 and the Department of Consumer Affairs enforces the Emblems and Names (Prevention of Misuse) Act, 1950. Sources said that the proposal to unify the laws came during an inter-departmental consultation.
“Once the final conclusion is reached, the proposal to amend the provisions with increased fines and penalties will be finalised. The current fine of Rs 500 per violation of the law is unaffected,” the source said.
The Consumer Affairs Department first mooted the amendments in 2019, with a fine of Rs 1 lakh for a first offense and Rs 5 lakh for a repeat offense and a six-month jail term. In recent consultations, the Department for Industry and Inland Trade proposed the abolition of prison terms as the government moves to decriminalize the offence.
Sources said the consumer affairs department suggested the jail term, taking into account similar provisions of the Emblem of India Act, which is enforced by the home ministry.
Improper use of the national emblem is punishable with imprisonment of up to two years or a fine of up to Rs 5,000 or both.
Sources said the review of the law has become all the more important given that NGOs, trade bodies, firms and private entities have been filling the registrar of societies with applications seeking permission to use words like ‘India’, ‘Commission’, ‘Corporation’ and Bureau named after