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Madras High Court disposes Tirupati laddu PIL for non-exhaustion of alternative remedies
Madras High Court on June 8th, 2010 handed Tirumala Tirupati Devasthanam their triumph by declaring the Public Interest Litigation (PIL) against the Tirupati Laddu GI as non-maintainable. Tirumala Tirupathi Devasthanam (TTD) had secured Geographical Indication (GI) Registration for the sacred Laddu Prasadam, from the GI registry at the Intellectual Property Office located at Chennai. The PIL revolved around the questioned the award of GI status to a religious offering (Tirupathi Laddu), since the same was vouched to be antithetic to secularism.
Tirumala Tirupati Devasthanam (TTD) argued that the petition could not be maintained since the alternate efficacious remedy available under the Statute had not been exhausted. The Geographical Indications Act provides for rectification of a registered GI by way of a petition to be preferred before the Intellectual Property Appellate Board or the Registrar of Geographical Indications. Section 65 of the Geographical Indication Act dealing in the same states:
“Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice”
The main grounds of challenge in the petition were that religious symbols could not be monopolized by private entities, and that religious offerings could not be commercial goods. The petitioner also argued that such a grant violated Articles 25 and 26 of the Indian Constitution. Article 25 of the Indian Constitution gives Freedom of conscience and free profession, practice and propagation of religion and Article 26 gives freedom to manage religious affairs.
The Court disposed the PIL on the ground that since alternate remedies such as filing for Rectification/Removal of a registered GI from the GI register (Section 65 of The GI Act, 1999) have not been exhausted it is premature to proceed with the PIL at this stage.
Tirumala Tirupati Devasthanam (TTD) argued that the petition could not be maintained since the alternate efficacious remedy available under the Statute had not been exhausted. The Geographical Indications Act provides for rectification of a registered GI by way of a petition to be preferred before the Intellectual Property Appellate Board or the Registrar of Geographical Indications. Section 65 of the Geographical Indication Act dealing in the same states:
“Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice”
The main grounds of challenge in the petition were that religious symbols could not be monopolized by private entities, and that religious offerings could not be commercial goods. The petitioner also argued that such a grant violated Articles 25 and 26 of the Indian Constitution. Article 25 of the Indian Constitution gives Freedom of conscience and free profession, practice and propagation of religion and Article 26 gives freedom to manage religious affairs.
The Court disposed the PIL on the ground that since alternate remedies such as filing for Rectification/Removal of a registered GI from the GI register (Section 65 of The GI Act, 1999) have not been exhausted it is premature to proceed with the PIL at this stage.
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