Govt mulls stricter penalties for misuse of national emblems, names

The Union government is considering significant amendments to the Names and Emblem (Prevention of Improper Use) Act, 1950, to strengthen the law and deter violations.

Sources within the government said the proposed changes include substantial increases in fines and the introduction of imprisonment for offenders.

Under the current law, violators face a mere Rs 500 penalty for improper use of certain emblems and names, as stipulated in Section 3 of the Act.

The Act prohibits use of Names and Emblems for trade, business or profession or in the title of any patent or in any trademark, design or any name or emblem specified in the schedule of the Act without permission of the central government.

The Consumer Affairs Ministry, which is spearheading the amendment process, aims to bolster the Act's enforcement capabilities.

According to sources, the ministry has proposed raising the fine to Rs 1 lakh for first-time offenders. Repeat violators could face penalties of up to Rs 5 lakh and a six-month jail term.

The ministry has conducted stakeholder consultations and sought inter-ministerial comments on the issue. While some ministries have advocated for reduced penalties and the exclusion of jail terms, the final decision rests with the Union Cabinet.

If approved, this would be the first amendment to the Act since its enactment 74 years ago, reflecting the government's renewed focus on protecting national symbols from misuse.