Source: Madras High Court 

Why in News? 

Recently, the bench of Justice Bharatha Chakravarthy held that using titles like “Mr. India” in bodybuilding contests does not violate Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950, as it merely denotes the winner and not a commercial misuse of the national name. 

• The Madras High Court held this in the matter of Puducherry Body Builders & Fitness Association v. The Government of India (2025). 

What was the Background of Puducherry Body Builders & Fitness Association v. The Government of India (2025) Case? 

• The Puducherry Body Builders & Fitness Association filed a writ petition before the Madras High Court seeking to prevent certain private respondents from conducting bodybuilding competitions using specific titles. 
• The petitioner association specifically objected to the use of titles such as "Mr. India", "Open Mr. South India", and "National" in the advertisements and conduct of these sporting events. 
• The competitions in question were scheduled to be held at Rock Beach, Puducherry on 03rd May 2025 and at Karaikal Beach on 25th May 2025, organized by private associations run by the 6th to 8th respondents. 
• The petitioner's primary contention was that the use of such titles in the advertisement and conduct of bodybuilding competitions constituted a violation of Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. 
• The association argued that using names like "Mr. India" and "Open Mr. South India" without proper authorization amounted to improper use of the nation's name, which is prohibited under the legislation. 
• The petitioner sought a writ of mandamus directing the government respondents (1st to 5th respondents) to forbear private respondents from conducting any such events using these contested titles. 
• The Government of India, represented through the Ministry of Youth Affairs and Sports, along with the Government of Puducherry and related departments, were made respondents to the petition. 
• Both the Centre and State governments submitted that the competitions were being organized by private entities, and they had no direct involvement in the matter. 
• The petitioner also relied upon an interim order granted by the same court in an earlier case (W.P. No. 33576 of 2024) to support their arguments restraining the use of such titles in private bodybuilding competitions. 

What were the Court’s Observations? 

• Justice D. Bharatha Chakravarthy observed that the use of titles such as "Mr. India" or "Ms. South India" in bodybuilding competitions does not constitute a violation of Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. 
• The court noted that it is common knowledge and practice specific to the sport of bodybuilding that competition winners are traditionally called "Mr." or "Ms." followed by geographical designations like South India, India, or World. 
• The court emphasized that such usage is synonymous with referring to the title winner of bodybuilding competitions and does not amount to the use of any national emblem or the country's name for trade, business, calling, or profession. 
• The court further observed that bodybuilding competitions are conducted primarily to encourage physical fitness among individuals, serving a legitimate sporting and health promotion purpose. 
• The Hon'ble Justice clarified that the prohibition under Section 3 of the Act applies to the use of the nation's name or emblem in trade, business, calling, profession, patents, trademarks, or designs without prior permission from the Central Government. 
• Finding no merit in the petitioner's arguments and no violation of the relevant legal provisions, the court dismissed the writ petition while noting that the traditional practice of using such titles in bodybuilding competitions is neither improper nor constitutes an offence under the applicable law. 

Emblems and Names (Prevention of Improper Use) Act, 1950 

About 

• The Emblems and Names (Prevention of Improper Use) Act, 1950 is an Act of Parliament enacted to prevent the improper use of certain emblems and names for professional and commercial purposes. 
• The Act extends to the whole of India and also applies to citizens of India outside India, having come into force on 1st September, 1950. 
• Under the Act, "emblem" means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule, while "name" includes any abbreviation of a name. 
• The Act prohibits the use of specified names and emblems for trade, business, calling, profession, patents, trademarks, or designs without prior permission from the Central Government. 
• It also prohibits the registration of companies, firms, trade marks, designs, or patents that bear any prohibited name or emblem in contravention of the Act's provisions. 
• Any person who contravenes the provisions of the Act shall be punishable with fine which may extend to five hundred rupees. 
• No prosecution for any offence under this Act can be instituted except with the previous sanction of the Central Government or authorised officers. 
• The Central Government has the power to amend the Schedule by adding to or altering it through notification in the Official Gazette. 
• The Schedule contains 28 categories of protected names and emblems, including the Indian National Flag, government emblems, names of constitutional authorities, and various national and international organisations. 

Section 3  

• Section 3 prohibits any person from using or continuing to use any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government. 
• The prohibition applies to the use of such names or emblems for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design. 
• The section operates notwithstanding anything contained in any other law for the time being in force, giving it overriding effect. 
• Exceptions are permitted only in such cases and under such conditions as may be prescribed by the Central Government through rules. 
• The permission must be obtained from the Central Government or such officer of Government as may be authorised in this behalf by the Central Government. 
• Any violation of this section constitutes an offence punishable under Section 5 of the Act with a fine extending up to five hundred rupees.