Abdul Rahman v. The Inspector of Police, Pattukottai Town Police Station, Pattukottai
2015-03-04
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment :- 1. The petitioner, who claims to be an advocate has registered a trust under the name of “Human Rights Watch” in the year 2010, allegedly for the purpose of providing legal assistance to the down-trodden people. According to the petitioner, the Assistant Superintendent of Police, Pattukottai had a quarrel with him. Therefore, the first respondent is now threatening the petitioner without an order from the Inspector General of Registration to change the nomenclature of the trust. Therefore, he has come forward with the present writ petition. 2. Heard the learned counsel for the petitioner and Mr.M.Alagathevanr, learned Special Government Pleader appearing for the respondents. 3. The learned Special Government Pleader stated that already there is a Circular issued by the Central Government and the State Government to the effect that no one in the State can utilize the name “Human Rights” and under the name of “Human Rights”, the people have been misusing and abusing the same. According to him, there can be only one Human Rights Commission and it shall be the State Human Rights Commission and no body can be permitted to use the name “Human Rights”. For ready reference, the circulars issued by the Central and State Governments are extracted hereunder: Circular dated 25.09.2009:- 5. It has come to the notice of the Commission that some NGOs/Organizations/Societies are getting themselves registered as society/trust/company with names similar to the National Human Rights Commission of State Human Rights Commission for example, using words such as "National Human Rights Association" or 'State Human Rights Association' etc. This attracts the provisions of Section 4 of the Emblems and Names [Prevention of Improper Use] Act, 1950. 6. Some instances of misuse of the name/logo of NHRC have also come to notice of the Commission. Some organizations are taking advantage of the similarity of their names with NHRC and SHRC in various manners. 7. May, I therefore, request you to: (a). Draw attention of all authorities registering societies/trusts/companies, etc., to the provisions of the Act with advice that if any organization applied for registration with a name/logo similar to NHRC or SHRC, the matter be referred to the Central Government under intimation to NHRC. (b) Advise all Dms/SDMs/SSPs that if any instances of misuse of name/logo of NHRC come to their notice, the matter should be reported to NHRC." Circular dated 29.12.2010:- "4.
(b) Advise all Dms/SDMs/SSPs that if any instances of misuse of name/logo of NHRC come to their notice, the matter should be reported to NHRC." Circular dated 29.12.2010:- "4. The Commission has written to Chief Secretaries of States and UTs to take strict action against such individuals/NGOs/Organizations misusing the name and logo of the Commission and misleading the public. 5. However, the practice of misusing the name and logo of the NHRC by the individuals/NGOs/Organizations is unabated and Commission has taken serious note of it. To check misuse of the name and Logo of the Commission, you are requested to: [c]. direct all Dms/SSPs to take immediate action against such individuals/NGOs/Organizations who are found misusing the name and logo of the Commission and ensure that nobody misuses the name and logo of the NHRC for personal gains and action taken report may be sent to NHRC. [b]. Direct Registrar of Societies in the State not to register any organization having similar note/acronym/logo as NHRC, India. [c].give wide publicity in the local electronic and print media that there is no provision for registration, affiidation to the individuals/NGOs/Organizations with the National Human Rights Commission and Commission does not authorize any one to act on its behalf. The individuals/NGOs/Organizations misusing the name and logo of the NHRC will invite legal action against them." 5. A Full Bench of the Tamil Nadu State Human Rights Commission, in SHRC No.1089 of 2009, had passed an order, directing the State Government to take appropriate action against Non-Governmental Organizations, misusing the words "Human Rights" in their logos and letter heads. On the recommendation of the Tamil Nadu State Human Rights Commission, the Tamil Nadu State Legislature amended Tamil Nadu Societies Registration Act, 1975, by Amendment Act 2 of 2010 and inserted the following provision to Section 9 of the Principal Act, which reads as follows:- "2. In Section 9 of the Tamil Nadu Societies Registration Act, 1975, [hereinafter referred to as the Principal Act, in sub-section (2), in item [c], after the word "Council", the words "Human Rights", shall be inserted. 3. Any society registered under the Principal Act by the name containing the words "Human Rights", shall, within six months from the date of commencement of this Act, by special resolution and with the approval in writing of the Registrar, change the name of the society by deleting the words "Human Rights"." 6.
3. Any society registered under the Principal Act by the name containing the words "Human Rights", shall, within six months from the date of commencement of this Act, by special resolution and with the approval in writing of the Registrar, change the name of the society by deleting the words "Human Rights"." 6. The Tamil Nadu State Human Rights Commission itself has lodged complaints against several Organizations, some details of which are as follows:- Sl.No SHRC Case No. Name of the Complainant Nature of Order 1. 4936/2014 Manjula Forward to IGP, CBCID, Madurai. 2. 5297/2014 - Forward to ADGP, CBCID, Chennai. 3 6630/2013 Revathi Forward to ADGP, CBCID, Chennai. 4 6631/2013 M.Kanagaraj Forward to ADGP, CBCID, Chennai. 5 9074/2013 - 1.Furnish the copy of the registration certificate of the society. 2 Collector, Kanyakumari. 4. In view of the above submissions made by the Special Government Pleader, this is the fittest case, where, this Court has to specially deal with the menace of individual persons using the name of 'human rights' without any authority to harass the people. That should be stopped even as per the circular of the Central and State Governments and amendment to the Tamil Nadu Societies Regulation Act, 1975. 5. Time and again, the people are misusing and abusing the words “Human Rights” such as “Human Rights Watch” and “Human Rights People Committee”. Especially, in this case, the petitioner, who claims to be an advocate, has come and said that he is running a trust under the name of “Human Rights Watch”. This Court is of the view that no body can use the word “Human Rights” and as per the said circulars, and even as per the amended Registration Act, it is exclusively meant for the State to protect the rights of the people. It is also to be noted that the petitioner has not even changed the name as per the Act. 6. Therefore, the respondents can take necessary action against those persons, including the petitioner, who are using the name “Human Rights”, even though the trust or Association itself was registered earlier and it has not been changed or modified as per the new circular/regulation in the amended Act. 7. This Writ Petition is dismissed with the above observations. No costs.