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Reagarding the misuse/misrepresentation of the word "India"

(Querist) 27 January 2011 This query is : Resolved 
Dear All,

This is follow up of an earlier query, but it is little more elaborate and general. I appreciate if the legal experts could provide some insights as early as possible for the situation(s) described below:

Given the historical the fact, from the times of Christopher Columbus, of the word “Indian” used to wrongly and erroneously represent the indigenous people of the American continent, I would like to know if, now, anyone can legally use the word “Indian” in any new work created (published or to be published) to refer to anyone other than the citizen of India?

Specifically would like to know the in answer for the following situations:

*In a new modified or edited work of a publication that was created before India became a republic, but which is published after the independence of India.

*In any new publication created after India became a republic.

In addition to above, kindly let me know if the continuation of the misnomer of “Indian” is legally or constitutionally valid now that India is a sovereign republic with her own independent constitution.

*If the answer is YES, please provide the corresponding legal or constitution sanction or provision for allowing such an act misnomer.

*If the answer is NO, please provide the penalty for such actions, and also the ways and procedures to bring to justice such illegal or unconstitutional act. In such a case, what are the legal laws or provisions under which action could be initiated against either an Indian or a Non Indian, if and when anyone indulged or intend to indulge in future in any such acts?
Thank you
Gulshan Tanwar (Expert) 11 March 2011
It has already been answered earlier.


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