Orissa High Court Orders Creation Of State Level Task Force For Checking Misuse Of 'State Emblem', Issues Directions

Taking misuse of the State Emblem of India seriously, the Orissa High Court has directed the State Government to create a State Level Task Force to monitor and review any suggestion, objection and/or report the misuse of the Emblem. Additionally, the Court also issued a slew of directions for preventing institutional as well as individual misuse of the Emblem.A Division Bench of Chief Justice Harish Tandon and Justice Manash Ranjan Pathak put much emphasis on the need to honour the Emblem which not only represents the values of the nation but also unites its people, irrespective of all differences and peculiarities. It notably observed –“The National Symbol or the Emblem adopted by the nation percolates a sense of responsibilities and core values of life which at times, is distinct from the other nations within the globe. Preservation of the core cultural, ethical and moral values and its dissemination through the Symbol, Flag and Emblem is aimed not only to unite the people of the country but to be reminded of the basic values of life.”The Court was hearing a Public Interest Litigation (PIL) brought before it by 'Alone Trust' highlighting frequent misuse of the State Emblem (often referred to as 'National Emblem') by not only private persons but also by institutions due to lack of awareness of the provisions of law and regulations governing the honourable use of such insignia. The petitioner underlined an unfortunate yet significant mistake committed in the 1st Prize of 2024 TABLEAUX on 26th January, 2024, where the State of Odisha won the 1st Prize during the 75th Republic Day Parade, as the motto, "Satyameva Jayate" was not mentioned beneath the profile of a lion capital and four numbers of Ashoka Chakras were not encrypted under each lion in between elephant and horse.It was also highlighted that bereft of legal sanctity, the Emblem is being used in various public buildings, including the precincts of the Courts and in public places, like Indira Gandhi Park, Bhubaneswar, where the motto, "Satyameva Jayate" is visibly absent below the Emblem.The Court shed light on the importance of the Emblem in the history of the nation's democratic civilization and sovereign identity. “After the independence achieved by the people of our country from the colonial rule, the first and foremost task, which was felt inevitable to represent the sovereign republic identity and its values in adopting the National Flag, National Anthem and also the National Emblem. It was proposed in the Constituent Assembly that the National Emblem should be inspired from the mode of rule and the governance embraced by the capital of Ashoka, which illuminates and/or resolute the sovereignty, unity and ancient civilization and its heritage.”The Court expressed deep dismay that despite the existence of legislations like the Emblems and Names (Prevention of Improper Use) Act, 1950 ('the 1950 Act') and the State Emblem of India (Prohibition of Improper Use) Act, 2005, misuse of the symbol has been rampant. The provisions of the State Emblem of India (Regulation of Use) Rules, 2007 was also discussed to draw a clear demarcation between authorised and illegal use of the State Emblem.The Bench, speaking through Chief Justice Tandon, also ingeminated the views expressed by the Supreme Court in M/s. Sable Waghire & Company v. The Union of India (1975), which not only upheld the constitutional validity of the 1950 Act but also barred commercial use of respected names like that of 'Chhatrapati Shivaji'. “We have noticed that because of the lack of proper awareness, the misuse of the State Emblem of India appears to be a reality. The awareness must be generated across the people of the country, including the State of Odisha and the sense of responsible use of the Emblem must be ubiquitously ensured,” the Bench observed.Senior Advocates Manoj Kumar Mishra and Subir Palit, who were appointed as Amicus Curiae by the Court, proposed elaborate suggestions prescribing remedial measures. In addition to that, the Court also took into account the guidelines passed by the Karnataka High Court while adjudicating a similar issue in Re: High Court Legal Services Committee, 2025 LiveLaw (Kar) 155. Thus, the Court adopted the guidelines issued by the Karnataka High Court in the aforesaid case, which shall be deemed to be the guidelines/directions of the Court (Orissa High Court). Furthermore, it also issued the following additional directives to put a check upon such misuse.The State shall create a State Level Task Force, which would comprise of a high-ranking Officer of the Home Department to act as the Chairman thereof with one Member from Police, Transport, Education, I & PR, Law, Urban and Panchayati Raj to monitor and review any suggestion, objection and/or reporting of the misuse of the State Emblem of India on a monthly basis. The State shall make a Standard Operating Procedure for functioning of the said State Level Task Force and would also review the...

Orissa High Court Orders Creation Of State Level Task Force For Checking Misuse Of 'State Emblem', Issues Directions

Jyoti Prakash Dutta

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