Safiya Malik

The High Court of Madras Single Bench of Justice D. Bharatha Chakravarthy dismissed a writ petition seeking to restrain the conduct of a bodybuilding competition titled "Mr. India" and "Open Mr. South India". The Court held that the use of such titles in bodybuilding events is not in violation of the Emblems and Names (Prevention of Improper Use) Act, 1950, and directed no interference with the scheduled competitions. It was further observed that the use of such titles is a matter of customary nomenclature in the sport and not indicative of any official national endorsement.

The writ petition was filed by a registered association represented by its General Secretary, seeking a writ of mandamus against several public authorities including the Government of India, Government of Puducherry, and Puducherry State Sports Council. The petitioner prayed that respondents be restrained from allowing private individuals (respondents 6 to 8) to conduct bodybuilding events titled "Mr. India" and "Open Mr. South India" at designated venues in Puducherry and Karaikal.

Also Read: Supreme Court Upholds Adani Power’s Compensation Claim | Obligation To Supply Power Arose Only After Amended PPAs Received Regulatory Approval

The petitioner claimed to have submitted a representation dated 15.03.2025 opposing the proposed competitions scheduled on 03.05.2025 and 25.05.2025. The grievance was based on the contention that the titles used in the events improperly invoked national designations such as "India" and "South India", in alleged contravention of Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950.

The events in question were titled “Open Mr. South India 4th Fitness Zone Classic 2025, Bodybuilding & Fitness Competition” and “8th Mr. Kanagasabai Classic–2025, Mr. India”, as per advertisements seen by the petitioner.

The petitioner contended that such use amounts to an unauthorised appropriation of nationally significant terms for private commercial gain. In support of the claim, reliance was placed on an interim order passed in a different matter—W.P. No. 33576 of 2024—where similar issues were under consideration.

Responding to the allegations, counsel for the Union of India (R1) and counsel for the Government of Puducherry (R2 to R5) submitted that the competition in question was privately organised and did not involve any governmental endorsement or involvement. They submitted that the respondents had no role in authorising the use of the said titles and no violation of statutory norms could be attributed to the governmental bodies.

It was also clarified that the order referred to by the petitioner was only an interim arrangement passed on consent in a different matter and did not have binding precedential value in the instant proceedings.

The statutory provision cited—Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950—prohibits use of specified names and emblems for commercial purposes without prior government approval. The petitioner invoked this provision to claim that use of the titles “Mr. India” and “Mr. South India” constituted a breach of this law.

The Court proceeded to examine whether the contested titles constituted an improper use under Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. The section was extracted as follows:

"3. Prohibition of improper use of certain emblems and names.—Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government or such officer of Government as may be authorised in this behalf by the Central Government."

After examining the language of the provision, the Court noted:

"It can be seen that the nation’s name or emblem cannot be used in any trade, business, calling or profession, or in the title of any patent, or in any trademark or design or any name or emblem specified in the Schedule or any colourable imitation thereof, without the previous permission of the Central Government."

The Bench further examined the customary usage of such titles in the sport of bodybuilding.

"As far as the concerned sport of bodybuilding is concerned, it is common knowledge that whoever wins the competition is called Mr. or Ms. South India or India or World. That is common and specific to the said sport."

Refuting the contention that such naming involved a national emblem or equivalent, the Court observed: "That does not in any manner mean that it is the use of any national emblem or name of the country for any trade, business, calling or profession. It is synonymously used to refer to the title winner of such bodybuilding competitions."

The Court acknowledged the role of such sporting events in promoting health and physical development: "The sport is conducted to encourage physical fitness among individuals."

Also Read: Orissa High Court Upholds Husband’s Conviction For Burning Wife Alive | Says Dying Declaration And Child Witness Leave No Room For Doubt

Finding no merit in the claim that the use of titles like “Mr. India” constituted a statutory violation, the Court concluded that: "I do not see the same as in any manner violative of Section 3 of the said Act."

The Court held that no grounds existed to interfere with the proposed bodybuilding competitions. Accordingly, it dismissed the writ petition.

"In view thereof, I am unable to accede to the prayer made by the learned counsel appearing for the petitioner. Finding no merits, the writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs."

Advocates Representing the Parties:

For the Petitioners: Mr. P. Suresh Babu, Advocate

For the Respondents: Mr. A.S. Vijayaragavan, Senior Panel Counsel (Government of India); Mr. R. Sreedhar, Additional Government Pleader

Case Title: Puducherry Body Builders & Fitness Association v. Government of India & Ors.

Neutral Citation: 2025: MHC:1133

Case Number: W.P.No.14635 of 2025

Bench: Justice D. Bharatha Chakravarthy

[Read/Download order]