Traditional Indian music from the ‘Gharanas’ with rich cultural traditions and values carries a legacy of fables, legends and ballads in the air since ancient times. But today the music industry – we are looking at music emanating from Punjab in particular – is being tested on multiple fronts, including crass commercialism, obscene overtones and foul lyrics.
What are the laws on music in India?
Section 294 of the Indian Penal Code, 1860, provides for three months imprisonment or fine or both for singing, reciting or speaking any obscene song in or near any public place. Entry 60 of the Union List of the Constitution of India empowers the Central Government to make laws for the acceptance of cinematograph films for exhibition. The Censor Board, in turn, categorizes films for restricted or unrestricted public exposure. In addition, the Government of India may, under the Union List, make laws for wireless, broadcasting and other similar forms of communication. In addition, there are restrictions on content for cable television in the Cable Networks Act, 1995 and for Internet in section 67 of the Information Technology Act, 2000 which prohibit the publication of obscene material in electronic form. Internet content is also governed by the Guidelines for Internet Service Providers, who are obliged to block any obscene, objectionable and unauthorized content on their networks.
What about states?
In addition to these laws, states also have rules to keep pornographic material under control. For example, the Punjab Cinema (Regulation) Act, 1952, governs matters relating to the licensing and regulation of cinemas in the territory of Punjab. The Punjab Dramatic Performance Act, 1964, provides for better control of theatrical performances in Punjab and empowers the District Magistrate to prohibit any objectionable theatrical performance in a public place. The Music in Muslim Shrines Act, 1942 was enacted to regulate the performance of girls in Muslim temples and prohibited any woman or girl from singing or dancing in a Muslim shrine. In addition, music for society in general is unregulated by any state act in force in Punjab, primarily because it is under the jurisdiction of the Government of India to enforce regulatory law applicable throughout the territory of India.
Why is there a yawning gap?
Notwithstanding the matter being a central subject, Entry 33 of the State List of the Constitution of India empowers the State Government to make laws for theatrical and theatrical performances, sports, entertainment and entertainment. Since sound recording is not regulated by any central act such as Censor Board Certification for films under the Cinematograph Act, 1952, the music industry goes unchecked as there is no regulatory mechanism in song content. A song which is a combination of lyrics, composition and voice of an artist recorded in a studio, the producer being its first owner under the Copyright Act, 1957. Regardless, pirated music sold at an unusually low cost reigns the roost. However, objectionable and obscene songs do not find statutory avenues other than Section 294 of the IPC to punish obscene acts and songs.
What is the solution?
Under Entry 33 of the State List of the Constitution of India, the Government of Punjab is within its powers to enact a new regulatory law to treat music as a part of “entertainment” and to curb ‘obscene’ music. The Music at Muslim Shrine Act, 1942 and the Punjab Dramatic Performance Act, 1964 are examples of laws in Punjab that can be followed by this proposal. After defining the profile of an obscene song, the need of the hour is to enact strict laws to keep tabs on musicians and lyricists.
Anil Malhotra, an alumnus of SOAS, London, is an IAML Fellow. He practices in the High Court and has written nine books. https://www.anilmalhotra.co.in/