Non-Commercial Associations Can Use 'Kerala', 'India' In Their Names : Kerala High Court

The Kerala High Court recently ruled that an association formed by private individuals cannot be prevented from naming after 'Kerala' or 'Bharat' or 'India' under the Emblems and Names (Prevention of Improper Use) Act, 1950 if their activities are not related to any trade or business.

Justice N. Nagaresh observed that the said Act only banned the naming of commercial entities after India or Kerala:

"Since the petitioners' Association is not an Association related to any trade, business, calling or profession, it is declared that the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 cannot be applied to the petitioners." 

The Court added that naming an institution or entity is the prerogative of the citizen, and a matter of the identity of the entity created by him. The State, therefore, will not be justified in regulating that right otherwise than through appropriate legislative measure. 

While observing as such, the Judge also clarfied that the Act was rather intended to protect the common man than to assert the authority of the State.

"The Scheme of the Act, 1950 would manifest that the Act, 1950 is intended to curb the menace of exploitation of citizens by naming commercial entities in such a manner that the general public would be led to believe that a private commercial entity is one which has the official patronage of the Central or State Government."

The petition was moved by the President, Vice President and General Secretary of an unregistered Association formed to promote cricket among the deaf youth in Kerala. Since their non-registration caused difficulties in sending teams to Inter-State and National level Competitions, the petitioners decided to register it as 'Kerala Deaf Cricket Association'.

Accordingly, they submitted an application to register the Association under the Societies Registration Act, 1860.

However, the District Registrar (General) refused to accept the application under a mistaken belief that the terms "Kerala" or "India" cannot be used for registration of any Association. 

Aggrieved by the same, they approached the Court.

Advocates P. Mohamed Sabah and Saipooja appearing for the petitioners submitted that no law of the land precludes them from adding the term "Kerala" to the name of an Association.

They further argued that the petitioners have a fundamental right to form an Association under Article 19 of the Constitution of India. 

Defending the respondents, Senior Government Pleader Vinitha B. contended that there is no provision to register a society bearing the word "Kerala" as per Section 2(a), 3 and as per Schedule No.4 of The Emblems and Names (Prevention of Improper Use) Act of 1950. 

It was also submitted that the District Registrar (General) advised them to rename the society avoiding such prohibited names as it resembles the State Government.  

The respondents asserted that there was no provision to name a non-Governmental Organisation with a name of any State or Nation as the same may be misunderstood or interpreted as a governmental organisation. 

After considering the arguments of both sides, the Court observed that the prohibition of any name or emblem specified in the Schedule to the Act, 1950 is only on the use of such name or emblem for the purpose of any trade, business, calling or profession. 

"Hearing the word "Bharatam", one should swell with pride and when you hear the word "Keralam", blood should boil in your veins, trumpeted Mahakavi Vallathol Narayana Menon. The deaf citizens in Kerala perhaps might not have heard these lines, but they indeed have read this poetic call. Unfortunately, an Association of deaf cricket enthusiasts in Kerala is being denied the right to name their Association after Kerala."

Recording so, the Court disposed of the petition.

On a related note, a division bench of the Kerala High Court had earlier observed that NGOs should avoid using the terms "Central", "State" or "National" in their names as far as possible.

Case Title: Riyasudheen K. & Ors v. Inspector General of Registration & Anr.

Citation: 2022 LiveLaw (Ker) 19

Click Here To Read/Download The Order