Framing laws on obscenity beyond state, Punjab tells HC

CHANDIGARH: Punjab government has washed its hands of the issue of evolving an effective mechanism to curb the menace of vulgar songs.

The government has submitted before the Punjab and Haryana high court that the policy to curb the growing menace of obscene and lewd Punjabi songs is beyond the "territorial jurisdiction of state".

Instead, the affidavit, a copy of which is with the TOI, has categorically put the onus on the Central government to regulate the obscene songs, citing prevalence of songs on the Internet.

"The Punjabi songs are not only popular in the state but are also popular worldwide and on many occasions are recorded outside the state and are uploaded on the internet or Facebook. It is decided that for an effective control, the government of India may be impleaded as a necessary party to the present petition," the affidavit, which was submitted on April 25, said.

The matter had reached the HC through a PIL filed by an NGO, Human Empowerment League Punjab (HELP), of Nawanshahar district, seeking directions to set up some effective mechanism, such as setting up of some censor board or framing some other policy for curbing the menace of vulgar songs from Punjab.

The petitioner had referred to a news report published in TOI for bringing home the fact as to how vulgar songs are being recorded and played by certain Punjabi singers.

A specific reference was made to a song "Main Hoon Balatkari" sung by Honey Singh. On April 26, the division bench of the court had directed the singer to appear in the court on May 14 to respond to the allegations against him for singing a lewd song.

The affidavit, further says, that a consensus on "what is obscene needs to be arrived at national level".

The petition, which had been accepted by the HC, had cited Section 294 of Indian Penal code, according to which singing of lewd/obscene songs at public places is an offence.

It further stated that women have the right to protect their dignity, as a facet of their fundamental right of "right to life", and such fundamental right to dignity of human being womanhood, cannot be violated under the garb of "right to freedom of speech".

The Punjab government, however, said the IPC section "may not be effective against playing, recording or uploading obscene songs/acts on the internet".