IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4051 of 2025
====================================================== Nitu Chandra D/o Late Shri Umesh Chandra Srivastava, R/o 406, Indralok Appartment Patliputra Colony, Bihar- 800013.
... ... Petitioner/s
Versus
1. The Union of India through Secretary, Ministry of Information and Broadcasting, Central Bureau of Communication, Ministry of Information and Broadcasting.
2. The Secretary, Ministry of Information and Broadcasting, Central Bureau of Communication, Ministry of Information and Broadcasting, Regional Office, Patna, 4th Floor, G-wing, Karpoori Thakur Sadan, Ashiana - Digha Rd., Patna.
3. The State of Bihar, through the Chief Secretary, Information and Public Relations Department, Bihar.
4. The Chief Secretary, Information and Public Relations Department, Bihar, J438 and Q5C Soochna Bhavan, Sardar Patel Marg, Rajbansi Nagar, Patna, Bihar 800015.
5. YoYo Honey Singh Productions Private Limited, through its Director Hirdesh Singh @ YoYo Honey Singh, Address- 1-9 ground floor, Indsti Housing Colony, Karampura, P.S.- Mot Nagar, New Delhi, West Delhi-
110015.
6. Hirdesh Singh @ YoYo Honey Singh, S/o Sardar Sarabjit Singh, R/o not known, E-mail naik130276@gmail.com
7. Leo Grewal, S/o not known, R/o not known, E-mail- mailtoleogrewal@gmail.com
8. Ragini Vishwakarma (Bhojpuri Singer), D/o not known, R/o not known, Instagram account id raginivishwakarma583
9. Arjun Ajanabi Bhojpuri (Bhojpuri writer), S/o not known, R/o not known
10. Vinod Verma (Dubbing Conductor), S/o not known, R/o not known
11. Manish J. Tipu (Vocal Coach), S/o not known, R/o not known
12. T-Series (Music Label), Address B-35, Sector 63, Noida, Uttar Pradesh, India.
13. Google India Pvt. Ltd., Address- 1st Floor, 3 North Avenue, Maker Maxity, Bandra Kurla Complex, P.S.- Bandra Kurla Complex, Bandra East, Mumbai-
400005.
14. YouTube LLC (Limited Liability Company), Video Sharing Company, Address- Google Signature Towers, 691, Delhi Jaipur Expressway, Silokhera, Sector 15 Part- 2, Sector- 15, P.S.- Civil Lines, Gurugram, Haryana - 122001
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Nivedita Nirvikar, Sr. Advocate Ms. Shashi Priya, Advocate
Mr. Amarshakti, Advocate
Mr. Sumit Kumar Bubna, Advocate
Mr. Shashank Shekhar, Advocate
For the Respondent/s : Dr. K.N. Singh, ASG Mr. Alok Kumar, CGC
Mr. Shivaditya Dhari Sinha, Advocate
Mr. Abhijeet Gautam, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 18-04-2025
We have heard Ms. Nivedita Nirvikar, the learned Senior Advocate for the petitioner and Mr. Alok Kumar, the learned Advocate for the Central Government.
2. The petitioner though, an actor in her own rights and a social activist, has approached this Court for restraining the composers, singer and disseminators of a particular song for it to lascivious, salacious and not appropriate in contents to be telecast or displayed in public as it would have a deleterious effect on young and
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impressionable minds; but is not averse to the idea of activating the provisions contained in the Information Technology Act, 2000 and the Ethical Code Rules, namely, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 for stopping the composition, display and broadcast of such songs which are so vulgar in content.
3. It appears that on the asking of the petitioner, the Additional Director General of Police (Weaker Section), Bihar has written a letter on 07.03.2025 to all the Inspector Generals of Police of the State of Bihar to prevent such songs or messages with double entendres from being telecast, played or broadcast and not doing so would be a breach of the provisions of the Bharatiya Nyaya Sanhita Act, 2023 and Information Technology Act, 2000 as well.
4. Ms. Nirvikar has further pointed out that even the Ministry of Information and Broadcasting has taken action against obscene contents on the OTT
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platforms and many of such contents have been blocked. The makers of such contents have also been warned.
5. The Ministry of Information and Broadcasting has taken serious view of the violation of the IT Act, the Penal Code and the Indecent Representation of Women (Prohibition) Act, 1986.
6. The writ petition contains a particular song composed and sung by a famous singer, various stanzas of which, according to the petitioner, are vulgar.
7. The petitioner, as an activist and a promoter of Bhojpuri language, stood particularly disturbed because of use of Bhojpuri language in one of the stanzas of the song in question which displayed women, in general, as an object of lust.
8. The seriousness of the petitioner stems from the fact that Bhojpuri language, as such, is being touted as a language of vulgarity, which is not a correct perception; but the use of Bhojpuri language in an indecent song would only lend support to such projection
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of Bhojpuri language as a language of indecent representation of women. Precisely for this reason, the petitioner has approached this Court with many prayers, which, in our estimation, may not be granted.
9. Mr. Alok Kumar, the learned Advocate for the Central Government has drawn the attention of this Court to various provisions in the IT Act and the Ethics Code Rules, 2021 including the redressal mechanism provided therein for any party to approach the concerned authorities for the needful, i.e. for stoppage of broadcast of such vulgar songs.
10. Ms. Nirvikar has very fairly submitted that on the asking of the petitioner, the Police Department of Bihar had swung into action.
11. It is thus expected that if such a complaint is made by the petitioner before the Grievance Redressal Cell of the Code Rules of 2021, the authorities concerned shall look into the matter with seriousness and shall act in accordance with law.
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12. With the afore-noted directions and observations, this petition stands disposed off accordingly.
(Ashutosh Kumar, ACJ) (Partha Sarthy, J)
Sauravkrsinha/Sujit-
| AFR/NAFR | NAFR |
| CAV DATE | NA |
| Uploading Date | 19.04.2025 |
| Transmission Date | NA |
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