In a significant judgment that reaffirms the importance of honoring traditional arts, the Delhi High Court has ruled in favor of the Dagar Brothers’ estate in a copyright dispute against renowned composer A.R. Rahman, directing both public attribution and a substantial financial deposit in the case.
Delivering the verdict in Dagar Brothers vs. A.R. Rahman and Others (CS(COMM) 50/2022), Justice Anish Dayal found that the song “Veera Raja Veera” from the 2022 Tamil film Ponniyin Selvan II was “substantially derived” from the classical Dhrupad composition “Shiv Stuti,” historically performed and preserved by the Dagar Brothers.
The Court ordered that appropriate credit must be given to the Dagar Brothers for the adapted composition in all existing and future versions of the film across theatrical, digital, and music platforms. Furthermore, A.R. Rahman and the film’s producers were directed to deposit ₹2 crore with the Court. The amount is to be kept in a fixed deposit pending the final adjudication of the case.
“This financial deposit is a protective measure ensuring that the rights of the original creators are safeguarded, pending full resolution,” Justice Dayal remarked during the pronouncement of the order.
The Court also awarded ₹2 lakh as immediate legal costs in favor of the family member representing the Dagar Brothers’ legacy.
Recognition and Protection of Moral Rights
The Court emphasized that the right to attribution, even in the case of adapted or derivative works, is vital under Section 57 of the Indian Copyright Act, 1957.
“An artist’s moral rights transcend the material; they demand acknowledgment for their irreplaceable contribution to cultural consciousness,” the Court noted.
Artists and Legal Experts Laud the Judgment
The classical arts community has welcomed the decision.
Dhrupad maestro Pt. Uday Bhawalkar said, “This verdict not only honors the Dagar Brothers but sends a message across generations that India’s classical traditions cannot be casually appropriated without due credit and respect.”
Renowned Kathak dancer Pt. Rajendra Gangani echoed the sentiment, stating, “Today’s judgment restores dignity to traditional artists whose works form the bedrock of Indian music and dance.”
Legal experts also praised the ruling. Entertainment lawyer Neha Rastogi commented, “This is a landmark moment for Indian copyright jurisprudence. It underscores the judiciary’s evolving sensitivity towards classical and indigenous art forms.”
The Case and Its Broader Implications
The Dagar family’s claim centered on the close resemblance between the traditional Dhrupad composition “Shiv Stuti” and the song “Veera Raja Veera,” arguing that even though Rahman had modernized the arrangement, the soul of the original remained unchanged.
The Court’s insistence on financial safeguarding — alongside moral acknowledgment — sets a new precedent for cases involving traditional compositions, where historically only verbal acknowledgments were sought.
PC: .onlymyhealth.com and K. Ananthan
