Monday 10 February 2014

Emblems and Names

                                  
                                        Emblems and Names
 
         While working in our Bar Association Library in Supreme Court,I came across an Act of Parliament passed in 1950 called THE EMBLEMS AND NAMES ( PREVENTION OF IMPROPER USE )ACT,1950 which extends to whole of India and also applies to citizens of India outside India.It came into force on 1-9-1950.
             S.2( a ) defines "emblems" to mean any emblems,seal,flag,insignia,coat-of-arms or pictorial representation specified in the Schedule.
              S.3 provides 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 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 schedule .................
              The schedule contains around 30 names and names of the institutions, such as UNO,WHO,Indian National Flag etc.It includes some names as follows:-
            A.  Chatrapati Shiva Ji Maharaj
            B.   Mahatma Gandhi
           C.    Pt. Jawahar Lal Nehru
            D.   Srimati Indira Gandhi.
        I am surprised that despite the prohibitions,Indian National Congress is using the Indian Tricolur in its flag and advertise it in their ads. for all political purpose and collects huge funds from various sources out of that more than 90% is in cash.The party does not disclose the source of receipt and is not subject to RTI.That means no person can seek any information about such funds.
            Secondly,the names of Pt. Jawahar Lal Nehru and Srimati Indira Gandhi have been elevated to the status of national emblem.I have great doubt about these two names who may be greats in the eye of some people but certainly a lot of people may express reservations about them.
            Most of the people know or it is well known that Pt.Nehru was not the first choice of the Congress for the post of Prime minister ship.It was Sardar Vallabhbhai Patel who was elected to be Prime Minister by the PCCs in 1946 but because of Mahatma Gandhi, Sardar Patel had to withdraw his name and Pt. Nehru became the Prime Minister,That apart,Pt.Nehru became cause of many malice our country is facing.Authors have written volumes on the failures of Pt.Nehru.
             Likewise,the name of Srimati Indira Gandhi also lacks credibility in the political and social fields.She was responsible for imposing draconian Emergency in 1975 when she was unseated by the Allahabad High Court for misusing government machineries.She ammended the Constitution for her own benefits.She was also responsible for criminalization of politics in India.
            Suffice to say that these two names,every Indian does not feel proud of .If there is one name which commands respect from one and all,he is Sardar Patel who had become a legend during his life time.
              In my submissions these two names must be removed from the Schedule of the Act with immediate effect.
        

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