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 honor a departed soul is to honor 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 honor a departed soul is to honor 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