HC grants Centre time to file affidavit in misuse of national emblem
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Cuttack: Orissa high court granted the Centre time till July 22, 2025 to submit a more detailed affidavit in response to a PIL alleging widespread misuse of the national emblem of India.
Adopted on Jan 26, 1950, the national emblem is based on the Lion Capital of Ashoka at Sarnath, with the words Satyameva Jayate inscribed below in Devanagari script.
A two-judge bench comprising Chief Justice Harish Tandon and Justice M S Raman on Tuesday, granted the time following a request by deputy solicitor general P K Parhi to file the improved affidavit.
The PIL, filed by Ganjam-based Alone Trust on Dec 27, 2024, seeks strict action against unauthorised and incorrect usage of the national emblem.
The petition highlighted several instances where the emblem is misrepresented, including omission of key elements like the animals and the motto Satyameva Jayate. Advocate Pabitra Kumar Dutta represented the petitioner.
The court had earlier expressed dissatisfaction with the Centre's counter affidavit filed on March 12, following its directives dated Jan 22 and Feb 19. "There has to be verification, action taken and report.
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Counter will be accepted on adjourned date upon advance copy served," the court stated, setting the next hearing on March 26.
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n its Feb 19 order, the HC criticised repeated adjournments sought by the Centre and emphasised the seriousness of the allegations regarding the emblem's misuse. "We do not appreciate prayer for adjournment, earlier obtained for verification and rectification," the bench had observed.
The PIL also calls for the inclusion of the national emblem of India in school curricula and campaigns to promote public awareness about its legal, cultural, and symbolic significance. It argues that a lack of awareness is contributing to its misuse across the country.
Interestingly, the PIL was filed on Dec 27, 2024, just two days after the Centre proposed stricter regulations, including a fine of up to Rs 5 lakh and jail terms, to curb unauthorised use of national symbols, as well as names and photographs of the President and Prime Minister.
Currently, the emblem's usage is governed by two separate laws — the State Emblem of India (Prohibition of Improper Use) Act, 2005, overseen by the ministry of home affairs, and the emblems and names (Prevention of Improper Use) Act, 1950, enforced by the consumer affairs department. The Centre is reportedly considering merging the two laws under a single administrative authority for better enforcement.
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