In the name of Jagannath, Odisha reclaims its spiritual geography

by Saurabh Thukral & Damini Patnaik

Āhe Nīla Śaila, prabala matta barāṇa / modūradāsa, tumanedakaraṇa…

These lines from the poem of a renowned Odia poet of the 17^th Century, Bhakta Salabega, which roughly translates as O Blue Mountain, mighty furious tusker / I am your distant servant, please don’t abandon me, are not mere verse buta spiritual testament to Lord Shree Jagannath which goes beyond the class, creed, and religion. 

The 12th-century temple, built primarily by King Anatavarman Chodaganga Deva of the Eastern Ganga dynasty, is a major pilgrimage site and one of the Char Dham, embodying a unique synthesis of tribal, Vaishnavite, Tantric and Buddhist rituals and architecture. The religious traditions have been upheld for millennia by the temple’s custodians, including the Gajapati Maharajas. While followers of the Jagannath tradition have replicated temples worldwide, the newly built temple of Shree Jagannath at Digha, West Bengal, has sparked a heated cultural and legal debate concerning the appropriation of the cultural, historical, and spiritual identity of Shree Jagannath Dham at Puri, Odisha. This controversy underscores the special status bestowed upon Shree Jagannath Dham at Puri by ancient scriptures like the Skanda and Padma Puranas, where Puri is identified as Purshohtamma Kshetra and Neelanchal Dhama.

Some news report suggests that Shree Jagannath Temple Association (SJTA), the shebait of Shree Jagannath Dham, Puri, Odisha, is considering trademark registration to fortify their rights on sacred terms linked to the temple, including “Shree Jagannath Dham,” “Srimandir,” and “Mahaprasad,” for protecting the identity of the original shrine, which a few publishers have obliviously reported as “Patenting”. Protecting a temple’s identity, particularly its name, by trademark registration is debatable and borderline controversial, because a trademark by its nature is used in trade for commercial exploitation. It is pertinent to understand that the activities of a temple go beyond religiosity, entering the realm of commerce. Temples often engage commercially inter alia in prasad & sweets, books &stationery, lodging & guesthouses, educational, spiritual, & cultural events, and charitable hospitals & blood banks, under their name, logo, and such other brand identifiers, falling well within the ambit of trademarks. More importantly, religious & spiritual activities, which make the crux of any temple, such as conducting rituals, offering blessings, and organising worship, are categorically classified under Class 45 of the International Classification of goods and services(Nice Classification) in accordance with Section 7 of the Trade Marks Act, 1999 (“TM Act”) read with Rule 20 of the Trade Marks Rules, 2017 (“TM Rules”).

However, temple and deity names, just as Shree Jagannath Dham, may attract provisions of refusal under Section 9(1)(a) of the TM Act, as generic and commonly referred religious names, including “Ram”, “Shiva”, and even “Jagannath”, may be considered to lack distinctive character, registered of which is not allowed under said provision. But, owing to the sheer popularity of Shree Jagannath Dham, Puri, its name has attained a secondary meaning and acquired distinctiveness sufficiently to bypass the provision of refusal under this Section. Renowned temples such as Tirumala Tirupati Devasthanams, and Shree Siddhivinayak have registered their names and other identifiers to safeguard their identity under the Indian trademark regime.

While the SJTA may consider trademark registration for the concerned terms, they may approach the courts in the meantime to seek relief against passing off, including an injunction. In the case of PurshottamdasParbhudas Patel vs Bai Dahi (AIR 1940 BOMBAY 205), the Bombay High Court called for necessary precaution of preventing deception to the intending pilgrims. The scope of necessary precaution will certainly be adjusted in the globalised and digitised society, which in this judgement was limited to a stone slab indicating the year of establishment and reference of the new temple, as the conflict too was limited to one village. This judgement also highlighted the importance of pre-emptive measures without any legal injury at the instance of the initiation of the Suit. 

The SJTA should also seek the status of a “well-known trademark”, as the reputation of Shree Jagannath Dham is evident and needs no proof in all practicality. Section 2(zg) of the TM Act explains a well-known trademark as a mark that has become known to a substantial segment of the public that consumes its goods or services so much so that the goodwill and reputation of that mark extends beyond the original goods or services for which it is adopted and used. It is critical to note that the TM Act does not require a trademark to be registered for conferring the status of “well-known” to that trademark. Further, section 11(9)(ii) of the TM Act specifically refrains the Registrar of Trademarks from imposing the registration of a trademark as a prerequisite condition for the determination of well-known trademarks. A trademark can be determined as well-known by the Trademark Registry under the sections 11(6) to 11(9) of the TM Act read with the rule 124 of the TM Rules or by a court of competent jurisdiction under Section 11(8) of the TM Act, though the procedure set forth in the Rule 124 shall be mandatory for inclusion of the same in the list of well-known trademark (Tata Sia Airlines Limited V. Union of India, 2023:DHC:3659).

 An unconventional yet critical approach to protect the interests of Shree Jagannath Dham, Puri, Odisha is to press and enforce the personality rights of Shree Jagannath who isconsecrated at the Dham with his siblings, Balbhadra, and Subhadra. The Juristic personality of Hindu idols is a well-recognised legal principle which has developed and fully established under Indian jurisprudence through the judgements of High Courts and the Supreme Court of India, most recently in the Ram Janmabhoomi Case (M Siddiq (D) thr LRs v. Mahant Suresh Das & Ors, 2019 INSC 1231). Further, the Shree Jagannath Temple Act, 1955 of the State of Odisha, leaves no iota of doubt about the statutory persona of these deities. Therefore, Shree Jagannath and his siblings, Balabhadra & Subhadra, through their consecrated form and established worship, hold rights and duties in the eyes of the law, solidifying their persona beyond mere religious reverence.

As far as personality rights are concerned, the popularity and recognition of Shree Jagannath are humongous. Millions of devotees globally, transcending geographical and linguistic barriers, visit and pray to his unique and distinctive aniconic form at Shree Jagannath Dham, Puri, Odisha, which is not only a landmark temple but also his residence. Further, the annual Rath Yatra of Shree Jagannath draws huge crowds to get a glimpse of his public appearance. And lastly, the influence and brand power of Shree Jagannath shape the culture, cuisine, and economy of the entire State of Odisha. It is evident that Shree Jagannath is no less than a celebrity and is entitled to personality rights to protect his identity, including his unique and distinctive attributes and characteristics. In recent legal developments in India, popular media and sports personalities fortified and enforced their personality rights against unauthorised commercial exploitation. In fact, in a recent case of Neela Film Productions Private Limited V. Taarakmehtakaooltahchashmah.com & Ors., the High Court of Delhi remarked upon the personality rights of fictional characters of a popular TV serial in the order dated August 14, 2024.

The decision of SJTA to safeguard Jagannath Dham through legal means would reflect a legitimate effort to protect cultural and spiritual heritage from misappropriation. In times where religious identities are increasingly commodified, such steps are not merely bureaucratic but are necessary assertions of historical and cultural integrity. An attempt to rebrand a coastal town of West Bengal with a name so deeply rooted in Odisha’s spiritual landscape is not just tone-deaf; it is territorially insensitive. The nomenclature and other identifiers of Shree Jagannath are deeply rooted in Hindu tradition and should remain exclusive to Puri.

The undeniable vacuum in the law to safeguard the cultural and spiritual heritage of iconic temples needs immediate attention from the lawmakers of this nation to address the cultural appropriation and devaluation of the historically rich heritage of those temples. While legal mechanisms like trademarks may seem incongruous with matters of faith, they have become essential tools in these circumstances to ensure that symbols of collective memory are not diluted for regional rebranding. Let worship of Jagannath Mahaprabhu flourish across lands and people. Let temples be built and festivals be celebrated but let the sacred identity of Jagannath Dham remain inviolably tied to Puri, as it has been over centuries. Any deviation from this continuity is not inclusion, it is erasure.

Jai Jagannath!

(Views are personal. Thukral is an Advocate and a Patent agent. He is currently pursuing an LLM from South Asian University. Patnaik is an Innovation Fellow at the Ministry of Education’s Innovation Cell and a Patent Agent.)