New Delhi: The Supreme Court on Tuesday dismissed a petition seeking to include the name of Vinayak Damodar Savarkar in the Emblems and Names (Prevention of Improper Use) Act, 1950, aiming to prevent its alleged misuse.
A bench comprising Chief Justice of India D.Y. Chandrachud and Justice Augustine George Masih ruled that the petition did not involve a violation of any fundamental right, which is essential for invoking Article 32 of the Constitution.
The plea was filed by Dr. Pankaj Phadnis, who appeared in person and described himself as a long-time researcher on Savarkar. He argued that the inclusion of Savarkar’s name in the Act would help safeguard his legacy from defamatory or inappropriate use. Phadnis also sought directions for Leader of the Opposition Rahul Gandhi to perform community service—specifically, to clean the Savarkar Museum in Mumbai—as a symbolic punishment for allegedly defamatory remarks about Savarkar.
During the hearing, the Chief Justice asked Phadnis how his fundamental rights were being infringed. Phadnis responded by citing Article 51A of the Constitution, which outlines the fundamental duties of citizens, claiming that Gandhi’s comments obstructed his ability to perform these duties. However, the bench clarified that Article 32 applies strictly to violations of fundamental rights, not duties.
The petition further alleged that Gandhi habitually made “irresponsible, immature and defamatory” remarks against Savarkar and urged the Court to consider measures to deter such conduct.
Under the Emblems and Names (Prevention of Improper Use) Act, names listed in the schedule are protected from misuse, with the central government setting conditions for their appropriate use. Phadnis had sought the inclusion of Savarkar‘s name under this protection.
The Court, however, declined to intervene, dismissing the petition.
