Lok Sabha Question No. 381 (STARRED), answered on 2017-03-29
Subject: Tricolour Pictures on Products
Ministry: EXTERNAL AFFAIRS
Asked by: JANAK RAM

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA STARRED QUESTION NO.381 TO BE ANSWERED ON 29.03.2017

## TRICOLOUR PICTURES ON PRODUCTS

- † *381. SHRI JANAK RAM:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) whether  certain  goods  like  doormats,  slippers,  etc.  having pictures of Indian tricolour printed on them are being sold at ecommerce sites in Canada, Britain, USA and Australia and if so, the details thereof;
- (b) whether the Government has not been able to legally ban the sale  of  the  said  products  in  other  countries  and  if  so,  the reasons therefor;
- (c) the  steps  taken/being  taken  by  the  Government  to  check  it; and
- (d) whether  the  Government  has  taken  up  the  issue  with  the concerned embassy/high commissions and also issued instructions  to  the  Indian  units  of  the  said  e-commerce companies to ban the sale of the said products and if so, the details thereof?

## ANSWER THE MINISTER FOR EXTERNAL AFFAIRS (SHRIMATI SUSHMA SWARAJ)

- (a) to (d) A Statement is laid on the Table of the House.

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## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF THE LOK SABHA STARRED QUESTION NO. 381 REGARDING 'TRICOLOUR PICTURES ON PRODUCTS' FOR ANSWER ON 29.03.2017

## (a) :

-  Yes, it is a fact that certain items like doormats with imprints of the Indian flag had been listed for sale on Amazon's online marketplaces in Canada and the United States of America.
-  Out of the 14 countries where Amazon operates, the products in question were available only on the Amazon marketplaces in Canada and the U.S. The items were listed by third-party vendors on Amazon's marketplace platform.

(b):

-  There  is  no  international  treaty/law  that  legally  prohibits  the  sale  of  these products in other countries.
-  However, as per Government of India's Emblems and Names (Prevention of Improper  Use)  Act,  1950 ,  the Prevention  of  Insults  to  National  Honour  Act  1971 (under section 2) as well as the Indian Flag Code of 2002 , legal proceedings can be initiated against such e-commerce portals with commercial activities in India.

(c) & (d):

## Action taken by MEA and Indian Missions:

-  On 11 th January 2017, when the listing of the said products was brought to the attention  of  Government  of  India,  the  matter  was  immediately  taken  up  by  the Ministry of External Affairs with Amazon's India office.
-  Our Embassy in Washington D.C., and our High Commission in Ottawa took up  the  matter  strongly  with  the  senior  leadership  in  Amazon  in  their  respective territories.
-  The matter was escalated to the level of Mr. Jeff Bezos, Chairman & CEO, Amazon.
-  Within 24 hours, the listed products were taken down by Amazon.
-  The  Ministry  of  External  Affairs  had  instructed  the  leadership  of  Amazon India  to  strictly  ensure  compliance  with  the  Emblems  and  Names  (Prevention  of Improper Use) Act, 1950.

## Response and Action taken by Amazon:

-  Amazon  India  in  its  representation  to  the  Ministry  of  External  Affairs expressed regret on the listing of the said products on the U.S. and Canadian websites of Amazon.
-  Amazon  India  has  conveyed  that  it  is  fully  committed  to  respecting  Indian laws  and  customs  and  has  strengthened  their  in-house  compliance  units  -  the Restrictive  and  Offensive  Teams,  which  monitor  products  uploaded  by  third-party vendors on Amazon market platforms.
-  Amazon also carried out a global audit to ensure that such products are not listed on any of its other marketplace websites located in other countries.
-  Amazon has also put in place additional parameters in its compliance software to ensure that third-party vendors while listing items on Amazon marketplaces reveal detailed  information  on  the  products.  Such  information  if  not  in  accordance  with Amazon's requirements will be automatically rejected.
-  Amazon  has  also  informed  that  after  the  recent  incident,  they  have  made Government of India's Emblems and Names (Prevention of Improper Use) Act, 1950 and the Indian Flag Code an integral part of the global compliance process in all 14 marketplaces of Amazon.

## Other details:

 All e-commerce platforms operating in India (including that of Amazon) are required  to  adhere  to  the  Emblems  and  Names  (Prevention  of  Improper  Use) Act, 1950.

 The case of sale of doormats and slippers etc., bearing the images of Indian tricolour on e-commerce sites was confined only to e-commerce platforms in Canada and the United States of America.

 Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 prohibits improper use of certain emblems and names including the Indian national flag, the name and pictorial representation of Mahatma Gandhi etc., for the purpose of trade, business, calling or profession, or in the title of any patent, or in any trademark or design, any name or emblem specified in the Schedule of the Act or any colourable imitation thereof without the previous permission of the central government or of such officer of government as may be authorized in this behalf by the central government.

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