Every day
Madras High Court hears hundreds of them – each one of them could be different
and interesting, some pain for the litigants.
Today Honble Madras High Court
has delivered an interim award, which one feels is very much appreciable. The Court said – ‘The best way to honour a
departed soul is to honour and respect their wish and not to disrespect them”.
16th
Sept. is associated with a great
legend…. Even those like me who know nothing of the Carnatic music would still
have heard with awe regard and great interest the mellifluous voice of the
genius known as MS. Madurai Shanmukhavadivu Subbulakshmi, the 'nightingale' of Carnatic
music,
started her career by singing in temples before becoming one of the best-known
artistes in her field during her lifetime, enthralling audiences all over the
world, including the Carnegie Hall in London and at the United Nations. Born in
Madurai, on September 16, 1916, Subbulakshmi grew up surrounded by music.
Fondly known as
amma to all music lovers, her formation, development and reaching pinnacle of
glory were all due to her hardwork, sincerity, devotion and her commitment in
perfecting her diction, understanding the inner meanings of the compositions
and more than everything else the divine blessing perhaps to her addiction to
devotion.
Every democratic
civilization on the planet is built on the foundation of free speech. The
freedom to talk freely and obtain information from others is at the heart of
free speech. It is considered the primary criterion for autonomy. It is
considered the "mother" of all other freedoms and is regarded as one
of the most crucial civil freedoms that are protected from state repression or
limitation1. Article 19(1)(a) of the Constitution of India guarantees this
basic right to free speech and expression.
The
Madras High Court today has restrained The Hindu from presenting the 'Sangita
Kalanidhi Award' in the name of M S Subbulakshmi to musician T M Krishna. The
Court said that the Sangita Kalanidhi Award and cash prize can be granted to TM
Krishna but not in the name of M S Subbulakshmi.
Justice G Jayachandran passed the interim order in
a suit filed by the grandson of M S Subbulakshmi saying that the conferment of
the award was against her wish and mandate. While dismissing an application
filed by the Music Academy challenging the suit moved by the grandson, the
court also noted that Shrinivasan, Subbulakshmi's grandson had the locus to
maintain the suit since he was a beneficiary of Subbulakshmi's will.
"The best way
to honour a departed soul is to honour and respect her wish and not to
disrespect her. If any person is really having reverence and regard to MS Subbulakshmi,
after knowing her desire and mandate, should not continue to give award in her
name," the court remarked. The
Sangita Kalanidhi MS Subbulakshmi Award was instituted by The Hindu group to
honour the Late singer as a yearly accolade and was conferred on the “Sangita
Kalanidhi' chosen by The Music Academy every year. This year, the Hindu chose TM
Krishna and there were hues and cries.
Late legendary
singer MS Subbulakshmi's grandson approached the Madras High Court challenging
the selection. V Shrinivasan,
Subbulakshmi's grandson contended that
Krishna has been making vile, vituperative, and scandalous attacks on
Subbulakshmi on social media and has been maligning the reputation of the late
singer. He alleged that Krishna has constantly trivialized the late singer's
achievements by making it seem as though it was a reward for embracing
“Brahmanism”. Thus, he questioned how the Music Academy could honor such a
person who had criticized a Matriarch who had always worked for the cause of
the Academy.
Shrinivasan thus
argued that conferring the award on Krishna, who had questioned the credibility
of the late singer in the world of Carnatic music should not be legally
permitted as it would amount to conferring a Bhakti prize on an atheist. He
stated that awards and recognitions instituted in the name of a person ought to
be conferred on persons who share common values. Shrinivasan added that the
present conferment of the award was a mockery and one of the greatest hoaxes of
the 20th century in the world of Carnatic music.
Replying to the
petition, the Music Academy, in its counter affidavit submitted that conferring
the award of Krishna did not, in any manner dishonour or belittle the memory of
the late singer and her contribution to the world of music. Music Academy also
filed an application to reject the suit claiming that Shrinivasan had no locus
to challenge the conferment of the award. The Academy further submitted that
the conferment of award was the sole prerogative of the Academy and Shrinivasan
could not question the same.
Today’s
interim award vindicates the words of Srinivasan as the Hon’ble Court has not
only restrined Hindu/Music Award against conferment of award to TM Krishna – has
also confirmed the locus standi of the petitioner.
Case Title: V
Shrinivasan v The Music Academy and Others
Case No: CS No. 194
of 2024
Regards - S Sampathkumar
19.11.2024
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