GI Tag on Tirupati Laddu

 Geographical Indication indicates that particular goods originated from a country, region or locality and have some special characteristics, qualities or reputation which is attributable to their place of origin.

The term goods have been defined to mean any agricultural, natural or manufactured goods or any goods of handicraft or industrial including food items. Indication has been defined to include any name, geographical or figurative representation or any combination of the conveying or suggesting the geographical origin of goods to which it applies.

These special characteristics, qualities or reputations may be due to various factors such as raw materials, soil, regional climate, temperature, moisture etc, or the method of manufacture or preparation of the product such as traditional production methods or other human factors such as concentration of similar businesses in the same region, specialisation in the production or preparation of certain products and the maintaining of certain quality standers. The connection between place and goods is so intimate that any reference to that place reminds us that special goods are being produced there and vice versa.

Geographical indicators are valuable property to producers from particular geographical regions. The geographical Indication tag is a matter of pride to both the manufacturer and consumer as a symbol of excellence and a sense of guarantee of uniqueness and safety of rights to the parties involved in the production.

History of Geographical Indication in India:

Till 1999 there was no such law in India on Geographical Indication, which could protect the interest of the producers. India being a party to the TRIPs agreement, the judiciary has been active in preventing persons to take unlawful advantage of geographical indication.

Basmati controversy on 2nd September 1997, US multination company sold their new lines and grains in the name of Basmati rice and also claim that new varieties have better characteristics than the original basmati rice. Although basmati rice is traditionally vastly produced in sub-Himalayas areas, and its cultivation methods are different but the US claim it can be successfully grown in specific areas in North America. Furthermore, they use the trademarks for sale ‘Texmati’, ‘Kismat’ and ‘Jasmati’ for several years. After those huge controversies in 1999 finally, India enacted the Geographical Indication of Goods Act provides for the registration and protection of geographical indication.

The Geographical Indications Registry has been established in Chennai to administer the Geographical Indication Act 1999, under the Controller General of Patents, Design and Trade Marks.

Story of Tirupati Laddu:

Tirupati laddu is a famous sweet exuberant with dry fruits and nuts, which has been given to millions of pilgrims as “prasad”. This very famous Laddu is made in the sacred kitchen within the Tirupati temple premises on the Tirumala hills. Pilgrimage to the Tirupati Balaji Temple in Andhra Pradesh is incomplete without a piece of laddu. Tirupati Laddu is the most demanding prasad at one of the richest Hindu temples in the world. It has been more than 300 years since laddu prasad was introduced to Lord Venkateshwara in August 1715. Surprisingly, this holy prasad never falls into shortage even during the peak season of pilgrimage in the hilltop Tirumala shrine. In 2018, Brahmotsavam, the biggest crowd-pulling annual celebration at the Tirumala Temple, saw a record-breaking sale of approximatelty 5,13,550 laddus on a single day. This pre-pandemic sale is still a landmark event in the history of the temple.

In the Tirumala temple kitchen, they are made a daily average of 3 lacks laddus and other prasad are made called Laddu Podu. The kitchen equipped with modern types of machinery has the capacity to produce 8 lacks laddus every day. There are three convoy belts for transferring the ingredients. About 10 tons of gram flour, 400-500 litres of pure ghee, 700 kg of cashew nuts, 540 kg of raisins, 150 kg of cardamom, and 500 kg of sugar candy send to the temple for making of the Tirumala laddu prasad every day. Interestingly, the holy Tirupati laddu undergoes severe checks related to the index of quality, calorie count, and self-life in a dedicated testing lab before making it to the deity as a part of the naivedhyam. Not just the final product, but also each of the ingredients used in the making of the holy prasad undergoes multiple quality checks at the dedicated lab. It is said that the secret recipe of the signature laddu comes dates back to the Pallava dynasty, which ruled the southern Telugu and Tamil regions for nearly 600 years (from 275 CE to 897 CE).

The Tirupati Temple laddu not only satisfies the devotees but also supports the local economy. The daily making of 300,000 laddus or more and other prasad generates employment for hundreds of local people. About 600 people, including 270 cooks, are employed in the prasad-making unit of the Tirumala Temple's kitchen which works in three shifts rotating 20 hours a day. Some of them are permanent workers, while some work on a contractual basis. More contractual workers are roped in to ramp up the production of laddus for an inflow of devotees during the Brahmotsavam. Some volunteers from the Vaishnava community come forward to offer free service in the temple's kitchen on festive days.

In March 2008, Tirumala Tirupati Devsthanams (TTD) the trust that manages the Sri Venkateswara Temple and administers the production of the holy laddu applied for a Geographical Indication certificate at the GI registration office in Chennai. TTD stated in its GI Application that the characteristics of the laddu mentioned that the finest quality of raw material is used for the production and various extraordinary skills are required for each stage of laddu making. TTD also contained that a few laddus are offered before the main idol in the temple shrine and after the Puja, they are taken to the kitchen where they are mixed with the ingredients to make more Laddus. This ensures that the food offered to the Lord as Naivedhyam gets mixed with the rest of the Laddus which serves as Prasad to the devotees. After the group of experts appointed by the Registrar of Geographical Indications comprehensively investigate the credibility of the application of Tirupati Laddu was awarded the status GI on September 15, 2009.

R. S. Praveen Raj vs Tirumala Tirupati Devasthanams( Case Law)

 

R. S. Praveen Raj, a resident of Thiruvananthapuram and also a scientist at the National Institute for Interdisciplinary Science and Technology(NIIST), made a plea against the G.I tag of “Tirupati Laddu” under section 2(f) of the Geographical Indications of Goods (Registration & Protection) Act, 1999. He said that the laddu is not an appropriate definition of ‘goods’ as it is just a holy prasad and not an ‘industrial good’. R. S. Praveen Raj had argued that there was no industrial purpose here so, granting a monopoly to a single producer Tirumala Tirupati Devasthanams (TTD) would defeat the very definition of GI and would be against Section 11(1) of the Geographical Indications of Goods (Registration & Protection) Act, 1999.

The petition raises certain issues fundamental to the nature of G.I protection. The petition claims the following contraventions under the G.I Act:

Violation of Section 11(1) read with Rules 32(5) and 32(6)(a)&(f) as GIs are supposed to be collective community rights of protecting a group of producers. In the present case, TTD is the sole producer and beneficiary of the Laddu. Violation of Sections 9(a) and (d) as the registration is likely to deceive consumers[Section 9(a)] and is likely to hurt the religious susceptibilities of communities in India [Section 9(d)]. Tirupati Laddu does not fit the description of ‘goods’ defined under Section 2(f) for it is a sacred offering not akin to ‘industrial goods’.

According to him, the GI Act is made for the protection of ‘Goods’ only and the Act defines ‘Goods’ as any agricultural, natural or manufactured goods or any goods of handicraft or of industry. Foodstuff is also included in the definition under Section 2(1)(f) of the GI Act. But Tirupati laddu cannot be classified as among agricultural goods, natural goods or handicrafts, leaving an option to schedule it under industrial goods.

Mr Raj said:

“Allowing GI registration of goods produced by private entities would defeat the spirit of GI protection, which is meant for protecting, preserving and promoting collective community rights as opposed to private monopoly rights growth. The GI tag on Tirupati laddu also passes a wrong message to the public that temple prasadams are akin to ‘industrial goods.”

The Geographical Indications (GI) Registry, Chennai, rejected the petition by R. S. Praveen Raj for the removal of the G.I tag against “Tirupati Laddu”. Rectification applicant R. S. Praveen Raj failed to prove locus standi and interest with the registered good in front of the court. The court stated that

“The rectification application was not contested by the applicant. In such circumstances, the tribunal is empowered with the authority to impose costs.”

S. Praveen Raj was directed to pay Rs 10,000 towards the cost within one month from the date of the order. S. Praveen Raj told Business Line that the petition was filed in the public interest, and regretted that this was not considered by the tribunal. Tirupati Laddu had been issued Geographical Indications No. 121 and listed on the registry.

Conclusion:

As per the report of TTD, many street vendors and hawkers in and around Tirupati town were preparing and selling similar fake laddus under the brand name 'Tirupati Laddu'.TTD appoint Multiple vigilance committees but they were not successful in curbing this problem. Therefore, in an attempt to protect the religiosity of the Tirupati Laddu, TTD decided to seek legal protection for it. While it is very clear that the Laddu acquires its uniqueness due to its association with the Temple but precisely this unique feature alone is not sufficient to grant a GI Tag. GI protection imposes exclusive rights upon all the producers of that particular geographical area. But, here, TTD has the only one who secured these rights and not the other laddu producers in the town. It is very well known Laddus brings a handsome revenue. All the revenue only goes to the fund of TTD which is so unfair and it spoils the true essence of Geographical Indication in my personal opinion.