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Madras High Court Orders Removal of Ilaiyaraaja’s Songs From Dude_我的网站

一 |     New Delhi, Oct 13 (UNI) One of the judges in the Supreme Court bench, Justice Sudhanshu Dhulia, differed with the view of his colleague, Justice Hemant Gupta on many issues.

Justice Dhulia said that asking a pre university schoolgirl to take off her hijab at her school gate, is an invasion on her privacy and dignity.

"Asking a pre university schoolgirl to take off her hijab at her school gate, is an invasion on her privacy and dignity. It is an attack on their dignity, and then ultimately it is a denial to them of secular education. These are clearly violative of Article 19(1)(a), Article 21, and Article 25(1) of the Constitution of India," Justice Dhulia said, in his verdict.

"Under our Constitutional scheme, wearing a hijab should be simply a matter of Choice. It may or may not be a matter of essential religious practice, but it still is, a matter of conscience, belief, and expression. If she wants to wear hijab, even inside her class room, she cannot be stopped, if it is worn as a matter of her choice, as it may be the only way her conservative family will permit her to go to school, and in those cases, her hijab is her ticket to education," Justice Dhulia said, in his verdict.

Justice Dhulia even went onto say that the unfortunate fallout of the hijab restriction would be that we would have denied education to a girl child. A girl child for whom it is still not easy to reach her school gate.This case here, therefore, has also to be seen in the perspective of the challenges already faced by a girl child in reaching her school.

"The question this Court would put before itself is also whether we are making the life of a girl child any better by denying her education merely because she wears a hijab!," Justice Dhulia questioned?

Our Constitution has visualised a just society and it is for this reason that the first virtue that is secures for the citizens is ‘Justice’ which is the first of our Preambular promises, he said.

On the other hand, the judge heading the bench of the Supreme Court, Justice Hemant Gupta, differed with the view of Justice Sudhanshu Dhulia and said that the Government (Karnataka) Order cannot be said to be contrary to the State goal of promoting literacy and education as mandated under the Constitution.

"Article 21A is not applicable as all the students are over 14 years of age. The students have a right to education under Article 21, but not of insisting on wearing something additional to the uniform, in a secular school, as a part of their religion," Justice Gupta, heading the bench of the Top Court said.

"Secularism applicable to all citizens. Permitting one religious community to wear religious symbols would be antithesis of secularism. Govt Order can't be said to be against secularism or objective of Karnataka Education Act," Justice Gupta in his 133-page, out of 209-page, verdict said.

"It can't be said that State is restricting the access to education to the girl students through such an Order. The Government Order only ensures that the uniform prescribed is adhered to by the students and it cannot be said that State is restricting the access to education to the girl students through such an Order, Justice Gupta said.

He went on to say that the Act itself contemplates providing of opportunities and facilities in a healthy manner and maintaining the dignity of childhood and youth so that there is no moral or material abandonment. "The uniform for the students has been prescribed so that there is no distinction between the students coming from diverse background and that each student grows in an environment of equality, fairness and equal opportunities," Justice Gupta said.

The uniform is an equalizer of inequalities. Therefore, prescribing uniform for children at an impressionable age is not only important but has a salutary effect on the mental development of the child to grow in the environment of oneness, he said.

Justice Gupta, find that the following 11 questions arise for consideration in the present appeals:

Whether the appeals should be heard along with Kantaru Rajeevaru (Right to Religion) and/or should the present appeals be referred to the Constitution Bench.?

Whether the State Government could delegate its decision to implement the wearing of uniform by the College Development Committee or the Board of Management or otherwise on headscarves is ex facie violative of Section 143 of the Act?

What is ambit and scope of the right to freedom of ‘conscience’ and ‘religion’ under Article 25? What is the ambit and scope of essential religious practices under Article 25 of the Constitution?

UNI SM BAV GNK。    Ilaiyaraaja has secured a significant legal win in his ongoing effort to safeguard his body of work. The Madras High Court has directed the makers of Dude to take out two of his compositions from the film. The tracks in question are Karutha Machan and Nooru Varusham, both of which were incorporated into the movie without seeking a formal nod from the celebrated composer.When classics collide with copyright concernsThe production house had asked for a short grace period to complete the removal process, but the court declined this request. The bench observed that any usage that affects the integrity and purity of Ilaiyaraaja’s original compositions cannot be permitted. With this observation in place, the judge has instructed the producers to file a detailed response to the petition and has scheduled the next hearing for January 7.Arguments over ownership and authorisationRepresenting Mythri Movie Makers, senior counsel P V Balasubramaniam maintained that the team had lawfully acquired the rights through Sony Music, which is said to be the present owner of the songs. He highlighted that the tracks were created before changes were made to the Copyright Act of 1957. Under the earlier version of the law, the first holder of the copyright was the producer of the original film. According to his submission, those producers had eventually transferred the rights to Sony Music, which then permitted reuse.          Ilaiyaraaja’s side, however, has continued to hold that the reuse of his work without his personal consent infringes not only on economic interests but also on his moral rights. These rights protect the relationship between the creator and the work, especially when it comes to how the composition is presented, interpreted, or altered in newer contexts.This is not the first time the composer and the production banner have clashed. Earlier this year, Mythri Movie Makers faced similar legal trouble after Ilaiyaraaja objected to the use of his songs in Good Bad Ugly, the Ajith Kumar starrer. The court had issued an order restraining the team from using the contested tracks, which led to the film being temporarily unavailable on its streaming platform. The makers later replaced the songs with background music for the digital version.A ruling that echoes far beyond one filmThe latest order serves as a reminder to filmmakers and production companies that acquiring rights from a music label may not always be the final step in securing lawful usage. Questions of attribution, creative control and proper handling of classic compositions remain central in disputes involving iconic works.          For composers, it creates a renewed sense of agency over how their music is presented in contemporary cinema. For the audience, this ruling might influence how nostalgia driven filmmaking evolves, with creators possibly choosing more original reinterpretations to avoid legal entanglements.Also Read: Pradeep Ranganathan thanks fans after Dude earns his 100-crore hat-trick。

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