Bhuvneshwar: The Orissa High Court directed the creation of a State Level Task Force to prevent misuse of the State Emblem of India, emphasising its constitutional importance and need for strict compliance with legal norms.
This landmark judicial intervention aims to strengthen monitoring, improve public awareness, and ensure proper usage of the national symbol in all institutional and public representations.
Background of State Emblem Misuse Case
India’s national emblem, an adaptation of the Lion Capital of Ashoka at Sarnath, represents sovereignty, authority, and national identity under the Constitution. It includes the lions, the Ashoka Chakra, and the motto “Satyameva Jayate” — which means “Truth alone triumphs.”
Its use is governed by the State Emblem of India (Prohibition of Improper Use) Act, 2005, which forbids unauthorised commercial or misleading usage.
The Orissa High Court highlighted that repeated errors and incorrect depictions of the emblem — in official displays and public places — show a gap in awareness and compliance.
State Emblem Misuse Case: Court Case and Public Interest Litigation (PIL)
The High Court’s decision came during hearings on a Public Interest Litigation filed by Alone Trust, a Ganjam-based civil society organisation. The petition flagged numerous instances where the State Emblem was depicted incorrectly — including missing the “Satyameva Jayate” inscription at public sites and errors in the Odisha tableau during the 75th Republic Day parade.
The Division Bench, led by Chief Justice Harish Tandon and Justice Manash Ranjan Pathak, acknowledged that many violations occur out of ignorance rather than deliberate intent, and stressed the need for systematic preventive measures.
Court Directs Creation of State-Level Task Force
To prevent future misuse, the Court ordered the State Government to:
- Form a State Level Task Force chaired by a senior Home Department officer.
- Includes representatives from key departments such as Police, Transport, Education, Information & Public Relations, Law, Urban and Panchayati Raj.
- Monitor reports, objections, or complaints related to misuse of the State Emblem monthly.
This move aims to ensure coordination across departments and proactive oversight to address misuse before it becomes widespread.
Standard Operating Procedure and Unified Reporting
The Court also ordered:
- Drafting a Standard Operating Procedure (SOP) to guide how the Task Force functions.
- Setting up a unified online reporting portal where citizens can submit geo-tagged photos, videos, and complaints about misuse.
- Including FAQs to explain permissible and prohibited usage, clarification on laws, and instructions for corrective action.
The portal will link with District offices, including the Magistrate, Police, and Transport authorities, to ensure swift action and transparency.
Six-Week Rectification Period
The High Court directed that:
- Government institutions or entities found misusing the State Emblem must correct errors within six weeks of receiving notice from the Task Force.
- This countdown ensures accountability and timely adherence to legal requirements.
Failure to comply could result in further legal action or administrative measures to enforce proper usage.
Promoting Public Awareness and Legal Compliance
Beyond enforcement, the Court stressed the importance of building public awareness about the legal, cultural, and constitutional significance of the national emblem.
Senior advocates appointed as amicus curiae recommended social media campaigns, helplines, and educational programmes to ensure institutions and citizens understand the emblem’s importance.
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