Accountability Of Music Artists In Case Of Lyrical Backlash

INTRODUCTION

Music for Indian people is not just an art but a culture.it is an important part of everyone's life when it comes to rituals, festivals or stress busters. Back to 1000 years it was not just music, but hymns were sung as offerings to please gods. And now it has many genres: folk music, hip hop culture, jazz, classical etc. people on different occasions prefer different genres of music like traditional folk dances during wedding rituals, hip hop and disco in clubs etc. but still music remains the form of devotion to God.

Prominent figures like Meera bai used bhajans as a form of music to show her devotional side to lord Krishna, whereas Gopi's used Rass Leela a blend of music and dance. In modern days also the music at spiritual places, stirs our soul and on the other hand for children in today's world Bollywood mixes old styles with new beats, so everyone can enjoy the music.

We have changed from old devotional chants to modern day music mixes, but the trend for music remains same rather has changed its forms and genres. The modern times global music is a fusion of cultures and styles. Genres mix together as artists use old sounds with new tech, making a shared sound for the world.

The issue with the modern-day music is that it objectifies women and disrespects them. Due to this they face heavy criticism and backlashes and mostly this criticism leads to the hit of the songs. The young generation nowadays are more oriented towards this type of musical videos and later either criticising it or loving it depends upon the artists perspective in publics mind.

CASE STUDY AND ITS RELEVENCE

Artist in India has freedom to create content but there is no authority pre censoring it as in case of movies. The producers and the singers are shaped into the controversies whenever it is there. In cases where the content is not pre censored it may disrespect the community and cause hatred among people. It should be as freedom of speech for artist is important but it should come with the limits as not to disgrace someone in society. This blog underlines the recent case study controversy that includes singer Honey Singh and Karan Aujila for their released songs "Millionaire" and "MF Gabbru".

The chairperson of the Punjab State Women's Commission Miss Raj Lali Gill issued a suo motu notice to the artist Honey Singh and Karan Aujila for their respective song's millionaire and MF Gabbru against its misogynist lyrics. They are called upon as per notice on 11^th August and has demanded for the public apology and investigation upon them.

The action of the commission had proved to be the first step for the music industry to establish a pre censored board as it is there for movies. The self-regulation and people's criticism for it now must be changed to the authority looking into this matter i.e administrative intervention.

This notice has highlighted the challenges and backlashes in the music industries present. This loophole allows for any type of content whether obscene or not to be floated and children getting obsessed with it and taking such songs to be their idol for it. The challenges faced in this field due to absence of any statutory body or delegated body are as follows

1. Free speech vs public welfare:

Article 19 gives us a freedom of speech [article 19 (1)(a)] and freedom to practice any profession [[article 19 (1)(g)]. But these rights come with a reasonable restriction. Article 19(2) explicitly restricts speech and expression that is not decent and is against morality and article 19(6) restricts professions going against the public interest and welfare. The derogatory remarks over somebody are against the welfare of the state. The lyrics of the songs puts a huge impact on the children as they consider artists as their idols and by the means of the videos, they consider women as an object and disrespects them. It is a fact that the artist in real life respects women but in his work unintentionally disregards them puts a mark over the children how to trat them this puts a negative impact over the children.

2. Procedural Legitimacy

Section 296(b) of BNS deals with the cognizable offence when it comes to any derogatory remark made by way of songs or acts and specifies a punishment of 3 months, fine of Rs. 1000/- or both. National Women's Commissions under section 10 of their act mandates to uphold women's dignity and take suo moto cognizance [S.10(f)]. They can call for special studies and investigations [S.10(g)]. And hence under the same power the Punjab state women's commission had called upon the investigation over two music artists.

3. Responsibilities and Accountability of the Artists

Since there is no statuary authority in India that clear the songs before release, the songs are self regulatory and the liability is upon the singer and producer as these are the two main characters known to the people. The producer and music label are expected to comply with all Indian laws which they do but there is no body to inspect upon them. The question then arises that can't they be held liable for it then? The answer is that their liability is directly upon the general public and how the people look upon as the song. As in the case study mentioned above the Punjab state women's commission on took over the investigation.

Precedents:

1. It was not the first time when the Punjab women commission had taken the cognizance over singer Honey Singh. In 2019 an action was taken against him for his song "Makhna" that includes the lyrics "Mei Hun womaniser" and "Mei Hun balatkari". The allegations were denied by Honey Singh stating the Lyrics were not written by him.

2. Ranjit D. Udeshi v. State of Maharashtra 1964 SCC OnLine SC 52.

Under this case it was held by SC u/s 292 IPC and Hicklin test, the determination of obscenity regarding the content that whether it led to corruption or deprave among audiences. Unless obscene elements are overshadowed, artistic merit was secondary. Therefore, it was affirmed that strict liability is imposed.

3. Aveek Sarkar v. State of West Bengal (2014) 4 SCC 257:

This case created a shift, whereby SC rejected Hicklin test but adopted community standard test. This was correlated with societal norms in today's world. The judgment on work must be based on whole of it rather than on parts.

4. College Romance Web Series (2024):

SC overruled all the previous judgments of HC and FIRs that were challenging the series, and dismissed the charges of obscenity and explicit language. By application of community standards test, the court held that merely vulgarity does not amount to obscenity or anysexualintent.

CONCLUSION:

The music industry in India is seemed not to be regulated by any of the authority and there is a strict need to overlook in this matter. An authority similar to that of central board of film certification needs to be setup to regulates the clearance of songs and censoring all the lyrics that could spark a feeling of hatred, in order to maintain public peace and order. We have freedom of speech and expression, freedom to practise any occupation in our nation but the practice must be according to the ethical behaviour and should not derogate any person, community, group or caste.

In absence of any regulatory authority the Punjab State's Women Commission took a suo moto cognizance to investigate upon the artist in order to maintain public peace and order. There act will reduce the social impact of such songs on future generations who look upon these artist as their idols.

REFRENCES

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