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High Court Of Delhi
AMAR NATH SEHGAL - Appellant
Versus
UNION OF INDIA - Respondent
C.S.(O.S.) : 2074 of 1992
Decided On : 02/21/2005
COPYRIGHT - Cultural Heritage - Copyright Act,1957 - Section 57
Fact of the Case:
The plaintiff, a renowned sculptor, created a bronze mural sculpture for the Vigyan Bhawan in 1957. The mural was removed and damaged without the plaintiff's consent in 1979. The plaintiff sought legal recourse under Section 57 of the Copyright Act,1957, claiming violation of his moral rights and seeking damages, restoration of the mural, and a permanent injunction.
Finding of the Court:
The court found that the suit was not barred by limitation, as the plaintiff had continuously sought redressal from the government, and the cause of action accrued after the government expressed willingness to restore the mural in 1991. The court also held that the plaintiff's moral rights under Section 57 were violated, and the destruction of the mural prejudiced the plaintiff's honor and reputation.
Issues: 1) Limitation of the suit 2) Violation of plaintiff's moral rights under Section 57 of the Copyright Act,1957 3) Damage suffered by the plaintiff 4) Relief sought
Ratio Decidendi: The court interpreted Section 57 of the Copyright Act,1957 in a wider amplitude to include destruction of a work of art as an actionable violation of the author's moral rights, especially if the work attains the status of cultural heritage. The court emphasized the importance of protecting the cultural heritage of a nation through the moral rights of the artist.
Final Decision: The court decreed in favor of the plaintiff, directing the defendants to return the remanents of the mural, vesting all rights in the mural to the plaintiff, granting the plaintiff the right to recreate and sell the mural, and awarding damages of Rs. 5 lacs to the plaintiff. The defendants were also ordered to pay the costs of the suit.
( 1 ) COPYRIGHT is one of the three main branches of the traditional law of intellectual property, along with patent law and trade mark law. Overshadowed historically by the economic worth of patents and trade marks, the plaintiff who believes that there can be no beauty without a soul, has brought the present action, hoping that the soul (copyright) is given its due place and recognition in the history of law.
( 2 ) THE Cinderella (Copyright) of the family of intellectual property, long pushed into the chimney seeks, in the present proceedings, to endow herself with the gift of the fairy godmother - the magical pumpkin coach and the mice footmen.
( 3 ) PLAINTIFF s pleadings takes one back to the year 1957. A peep behind the pleadings would take us back to the early fifties.
( 4 ) INDIA was a nacent democracy. The world was divided into two camps, the American camp and the Soviet Russia camp. Pt. Jawahar Lal Nehru, the first prime Minister of this country, a man of vision, realised that to be non-aligned was the best policy. India, under the leadership of Pt. Jawahar Lal Nehru was a pioneer of the non-aligned movement. Fledgling India was asserting itself in the community of nations. International delegations were frequenting the territory of India. Conferences had to be held. Large number of delegates had to be accommodated. A building was conceived to be the hub of international and national conferences. It was named "vigyan Bhawan". In the note to the Cabinet Secretary, V. N. Sukthankar recorded in file No. 2 (223)/48-PMS Jawahar Lal Nehru wrote:- the Central Government as well as the State Governments are putting up many public buildings. Some of these buildings are big and imposing structures, like the building for the Supreme Court or the Theatre, or the big structure now on the point of completion which is meant for the expansion of the Central Secretariat. I think that all these major buildings should encourage Indian artists to function in some way. Sculptors, painters, designers, etc. could be asked to cooperate. There might occasionally be woven tapestries. This will cost very little in comparison with the total cost of the building. But it will encourage Indian artists and would be generally welcome, I think, by the public. (Refer selected works of Jawahar lal Nehru, 2nd series, Vol.-26 1st June, 1954- 30th September, 1954)
( 5 ) THE brick, mortal and concrete structure named "vigyan Bhawan" may have been an architectural feat, imbibing the science of construction, but the building was too lifeless. It needed a soul.
( 6 ) WHAT better soul could a building have other than being endowed with the cultural heritage of India. After all, Vigyan Bhawan was conceived to house international conferences and ought, therefore, to have reflected India s cultural heritage. Plaintiff, Amar Nath Sehgal, received a communication from the Union of India on 16. 7. 1957, Ex. P-1. It reads as under :- central PUBLIC WORKS DEPARTMENT no. 47/2/57-WI Dated New Delhi, 16 July,1957 to shri A. N. Saigal, 192-193, Constitution House, curzon Road, New Delhi. Sub: decoration of the Vigyan Bhawan in new Delhi. Dear Sir, you are probably aware that the Govt. Of India have set up a Decoration Committee to suggest and advise on the decoration work to be done in important public buildings in this country. The function of that Decoration Committee is to discuss the subjects of decoration sponsored by various Ministries and Govt. Departments and then recommend tentative themes for decoration work and also suggest a few artists for executing the decoration jobs. In their sixth meeting held on 26. 4. 57 the Decoration Committee considered the proposal for the decoration of the Vigyan Bhawan and recommended that on the inside of the external walls of the foyer on the ground floor the decoration work should consist of wire sculpture extending from the staircase right up to the lifts. The committee recommend your name for the job. Hen
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