Defaming our father of nation"gandhi ji"
s.k.khadir
(Querist) 18 January 2013
This query is : Resolved
sir,
in our town one of the sweet shop owner has printed the photo of our father of nation "MAHATMA GANDHI " can i file a PIL in High court in our state, if so please suggest me
KHADIR
Guest
(Expert) 18 January 2013
What sort of defamation you see in print of photo of the father of nation by a sweet shop owner? Are you a litigation saavy or have resorted to finding fault being an auditor also?
prabhakar singh
(Expert) 18 January 2013
The law in India under S.3 of The Emblems and Names (Prevention of Improper Use) Act, 1950 prohibits the improper use of certain names, it states “.... 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 any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name ... specified in the Schedule or any colorable imitation thereof ...” . The Schedule in point 9-A prohibits the use of the name or pictorial representation of ‘Mahatma Gandhi’.
So to me an individuals can not do so without due prior permission of the government as it is national and printed also on currencies of India.
Guest
(Expert) 18 January 2013
Prabhakar ji, the querist has not indicated about material for printing or the purpose of printing of the photo of Mahatma Gandhi by the shopkeeper. The querist should also have come forward with his plea on what ground he considers printing of photo as defamation.
Moreover, the Act on use of emblems and names does not specify that the act of the individuals be treated as defame to any personality. The Act merely provides for punishment with fine which may extend to five hundred rupees for the person who contravenes the provisions of Section 3 of the Act. So, I don't think the query could attract response based on the said Act.
prabhakar singh
(Expert) 18 January 2013
I DID NOT INTEND TO CREATE ANY CONTROVERSY DHINGRA JI.
I JUST WISHED TO PUT THE LAW AS IT IS,NO MORE OR NO LESS.
IT IS COMMERCIAL USE THAT IS PROHIBITED AND NOT THE USE OF PHOTO.
EVERY BODY AND ANY BODY CAN USE AND HANG HIS PHOTO ON WALLS,BE IT HIS CHAMBER OR HOME OR SHOP BUT CAN NOT GET A TRADE MARK OR CAN NOT KEEP TITLE NAME OF HIS FIRM.
IF I FAILED TO UNDERSTAND THE QUERY THEN I SEEK PARDON.
V R SHROFF
(Expert) 18 January 2013
As it hurt feelings of Public, and It is well known, that Mahatma Gandhi teach non violence , vegetarian food & a Saint, It comes actionable under Tort. Injured person, whose feelings are hurt can sue.
u can move HC.
Guest
(Expert) 18 January 2013
Prabhakar ji,
There was nothing such for which you should seek pardon. The question was, being an advocate as well as auditor, when the querist is not clear in his question and the basis for that, I don't think we should reply merely on our own suppositions. Let him clear the point of issue.
Guest
(Expert) 18 January 2013
Shroff ji,
The querist intends to file PIL for his personal feelings.
prabhakar singh
(Expert) 18 January 2013
HERE AGAIN I WISH TO SAY THAT PIL MEANS 'PUBLIC INTEREST LITIGATION' EVOLVED IN THE PROCESS OF JUDICIAL SYSTEM IN REPLY TO RULE OF LAW MAINTAINED EARLIER IN THE NAME OF LOCUS STANDAI.
Raj Kumar Makkad
(Expert) 18 January 2013
It is very strange that the querist is still keeping mum and watching long legal discussions of the experts even without having the facts with them.
Adv Raj (High Court)
(Expert) 20 January 2013
All the Honbl'e advocates, lets put to an end to this conversation as Mr. raj kumar makkad is correct. Wen there is no response from the querist there is no use to take it futher long...!
Just putting a photo of Mahatma Gandhi can not be defamation. Until otherwise used.
Sudhir Kumar, Advocate
(Expert) 20 January 2013
It will be a criminal case under the statute quoted by Mr Prabhakar and not defamation as presented by the queriet.
s.k.khadir
(Querist) 21 January 2013
Dear friends , I an sorry for the delay reply, as it has happened for me to go to other place i cannot respond in the discussion. i beg you pardon. secondly I agree with all the things , first is why I want to create the litigation. my answer is the shop keeper has printed the photo of the" FATHER OF NATION ON THE TOP COVER OF THE SWEET BOX PACK" so the next stage of the box after the consumption of the sweet box will be in the dust bin , this has hurt my feelings . even till this days we will not trough the national flag or any photos of our GODS small photo in the dust bin we will safe guard it with due respect , if the sweet shop keeper keeps the photo of the Father of Nation in his shop we do not have any problem but the ultimate stage of the box will be very degradable in the eye of law . If this was allowed we can imagine the fate of the persons for whom we have to honor will be . Now i request all my friends to suggest me what to do.
with regards.
KHADIR
s.k.khadir
(Querist) 21 January 2013
Respected sri,Dhingra ji & prabhakar ji can you suggest me in this case .
khadir
prabhakar singh
(Expert) 21 January 2013
In my view you may lodge a criminal case under the Act I have named in my earlier reply.
Sudhir Kumar, Advocate
(Expert) 21 January 2013
There may be no need of PIL. Application to nearest thana would be needed as a starting point.
Raj Kumar Makkad
(Expert) 21 January 2013
After reading the facts of your query, every one shall suggest you to approach local police station and lodge a criminal complaint against such shop keeper.
Raj Kumar Makkad
(Expert) 21 January 2013
After reading the facts of your query, every one shall suggest you to approach local police station and lodge a criminal complaint against such shop keeper.
Anirudh
(Expert) 21 January 2013
On October 2 and January 30 every year, lot of news papers carry the multiple photographs Gandhiji in the advertisements.
What happens to those Newspapers? Are we preserving them? If not, if it is thrown out, do we consider it as defamation / criminal offence? Quite possible such newspapers may even be used to remove some shit.
It is said that we preserve the God's photographs / images. I think people are not readily recalling that in our country even in the crackers we use the photographs of Goddeses and such images goes into pieces when the cracker explods.
I distinctly remember somebody saying that are we showing our disrespect when one applies the saliva to paste the postage stamp wherein the Image of Gandhiji appears, or whether the postal official shows any anger when he affixes the Dated Postal stamp to efface the stamp having Gandhiji's image?
What happens when the currency note where Gandhiji's image appears gets torn either due to anger, or inadvertently etc. etc.? Is there defamation? Or for that matter any criminal offence?
Guest
(Expert) 21 January 2013
Dear Mr. Khadir,
At the most you can go by what is provided under the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.
Guest
(Expert) 21 January 2013
Dear Mr. Khadir,
At the most you can go by what is provided under the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.
s.k.khadir
(Querist) 22 January 2013
Good morning friends,
Thanks for your valuable suggestions as Dhingra Ji said i will follow him , thank you very much sirs.
regards,,,,,,,,,,,,,,,,,KHADIR
