Latest news with #anti-CAA
The Print
2 days ago
- Politics
- The Print
What copyright, plagiarism mean for art and artists
While the Ponniyin Selvan: II case is sub-judice, we can shine the torch on the details of Aziz-Dube case. Copyright is a right that protects your valuable intellectual property. When it is not honoured, it results in a loss of equity for the creator and can attract costly consequences for the infringer—especially at a time when awareness of intellectual property rights (IPR) has grown and legal enforcement has become stronger. In April, Justice Pratibha M Singh of the Delhi High Court passed an interim order on allegations of copyright infringement in the song Veera Raja Veera from the film Ponniyin Selvan: II . The same week, poet Aamir Aziz challenged the unauthorised use of his poem, Sab Yaad Rakha Jayega , by artist Anita Dube. During the 2019 anti-CAA protests, Aziz's Sab yaad rakha jayega (Everything will be remembered) echoed on the streets. In May that year, he also released the song Ballad of Pehlu Khan on the mob lynching of the 55-year-old dairy farmer from Haryana. Sab yaad rakha jayega was recited, in English, by Pink Floyd guitarist Roger Waters in a 2020 protest in London against the arrest of Wikileaks founder Julian Assange. Aziz had found his voice, his oeuvre, and a place in the hearts of many, including artist and first woman curator of the Kochi-Muziris Biennale, Anita Dube. In 2023, Dube came up with a set of four works carrying excerpts from Aziz's poem. They were on exhibition and available for sale from 15 March to 19 April 2025 at the Vadehra Art Gallery in New Delhi. As there were no wall captions, no credit was given to Aziz. Dube had used another poem by Aziz in an earlier work, Intifada, which was exhibited in Delhi and Mumbai. When Aziz got to know that his work was borrowed without his 'knowledge, consent, credit or compensation', he posted on Instagram, calling it 'theft'. 'This is my poem, written in velvet cloth, hung inside a commercial white cube space, renamed, rebranded, and resold at an enormous price without ever telling me,' the poet wrote. He added that it was not 'conceptual borrowing', but 'the entitled section of the art world doing what it does best, extracting, consuming, profiting while pretending it's radical.' For Aziz, it was ironic that while his poem raged against injustice, Dube, by commodifying it, extended the injustice. In her defence, Dube claimed that she used Aziz's lines with clean intent, as an act of celebrating them. She added that she has also quoted Martin Luther King and bell hooks in the past 'in the same spirit'. Moral rights and plagiarism Using someone's work as inspiration as against structure are two different things. In response to the famous copyright dispute in the US involving a portrait of American singer Prince, Columbia Law School professor Timothy Wu said, 'If the underlying art is recognisable in the new art, then you have got a problem.' Dube's act, by this measure, is problematic. In academic writing, to lift even an idea without adequately crediting the source is considered plagiarism. Here, stanzas were taken in an unauthorised manner. Copyright is possible only for original work and automatically belongs to the author. For using such copyrighted work, you need a licence, you need to give credit to the creator, and share remuneration. And when the intentions are clean, none of this can happen post facto. Dube clarified that she had credited Aziz, in an accompanying sheet available at the gallery, but admitted that no permission had been taken. Here, the moral rights of the creator come into play. Moral rights, also called the right of attribution, require that the name of the author must always be displayed with the work. The author has this right even if they choose to remain anonymous or use a pseudonym. These rights are inherent and cannot be sold or assigned, but can be acknowledged via permission and credit, and used as pre-determined terms. All this has to be ensured before the derivative work goes public. They can also be waived in whole or in part as per the protocol of exceptions. However, Aziz's work was not in the space of exceptions, although he has created a special exception for this particular poem—a political protest anywhere can have placards saying Sab yaad rakha jayega. Behind Dube's use of Aziz's poem is possibly the tradition of borrowing, including replications and repurposing elements from previous works or styles. According to art consultant and author Anupa Mehta, 'In postmodernist art, artists draw from eclectic sources. Sometimes these 'borrowings' are in part and used within an art work, as part of its conceptual axis. Usually, source is acknowledged. If the poet's poem is used in full without permission and sans royalty, it's clearly a breach'. Mehta suggested that the issue of copyright in the art world needs to be looked at on a case by case basis, creating space for a more nuanced reading. It begs several questions. 'Was it a creative collaboration? Were terms clarified prior? Artists often work with artisans, craftspeople, and younger artists. Should drawing upon another creative person's skills be considered a contribution to the artwork? For instance, artist Bharti Kher employs women to fill in bindis in her paintings. These women are paid a per diem, while Kher's works sell for high prices. Similarly, artist Binoy Varghese hires young artists to fill in paint on his canvases. Should those strokes be protected by copyright? 'It's not all as straightforward as it should be,' said Mehta. Art curator Alka Pande found the allegation of 'theft' against Dube too strong. 'Even the best writers are inspired by the work done before them. These are opaque, porous borders,' she said. Pande described Dube's work as part of a creative process where activism, propaganda, and politics coalesce. However, she added that due credit must be given and the collaborative process should be acknowledged. 'If there is a financial aspect to the work, then the financials should be clear with the collaborating parties.' That, precisely, is the problem in Aziz's case. Also read: In the Mood for Love in Delhi—artist reimagines Wong Kar-wai's film in his paintings 'Borrowing' work We know that post-colonial 'borrowings' of cultural and material expression were, in effect, a continued resistance to colonial and neo-colonial hegemony, and that resistance must be relentless. While the past undoubtedly continues to shape the present, dominant meta-narratives are being resisted, and the local prioritised. Aziz's work represents this evolving idea of decolonising. Dube may well have intended her work as part of that arc, but it has ended up reading as contrarian. Even if we use the relatively neutral term 'borrowing', the nature of such borrowings must be examined in today's context. In borrowing Aziz's poem, which calls for fighting injustice, we see how injustice itself can be perpetuated. In a twisted way, it echoes Homi K Bhabha's theory of mimicry, where the adoption of the coloniser's language simultaneously subverted colonial power and the self. Borrowings may show the mirror to the world, but today, ethical lines are more clearly drawn. Ethical protocols now distinguish borrowing from appropriation. In a neo-capitalist context, the sharp power imbalance between a hounded protest poet and an established artist selling work based on his angst-ridden poetry—without acknowledgement—can nullify even the best of intentions. The concept of borrowings, especially in this globalised, nationalist moment, must be revisited. The silver lining in this misadventure is that it opens space for reflection, self-criticism, and a deeper dive into copyright, plagiarism, and the exceptions that govern them. Also read: 24, Jor Bagh gets its last hurrah—the art space that became a metaphor for Delhi Copyright vs plagiarism When ideas are copied without attribution and no direct financial gain is sought, it qualifies as plagiarism. This often occurs in academia. Direct quotations from earlier work must be properly cited using established norms. Even paraphrased ideas require credit. An insufficient citation is also plagiarism. Notably, plagiarism can be identified not just by the original author but by a third party. Copyright, by contrast, protects original work—written, musical, dramatic, or visual. Once created, a work is protected by default, though formal registration offers added protection. Copyright grants creators exclusive rights to control how their work is used, copied, translated, distributed, adapted, incorporated into other works, or monetised. Some exceptions exist: fair use, Creative Commons, and copyleft. Fair use is a high-ethics space. It allows work to be used strictly for purposes like teaching, journalism, and public analysis. It's a balancing act between the author's rights and public interest—never a free-for-all. Creative Commons licenses allow authors to waive some rights (often monetary) in exchange for credit and acknowledgement. Wikimedia Commons is a well-known example. Copyleft is a more altruistic approach. It allows anyone to use, improve, or build on a work—so long as the derivative is shared on the same terms. This model is widely used in software. None of these exemptions apply in the case of Aziz and Dube. As things stand, Dube has apologised, withdrawn those works from all platforms of exhibition, distribution, and sale 'in the future and in perpetuity'. She has offered the artwork Intifada to the poet 'with full ownership rights as compensation and as a gesture of reconciliation'. All attempts at financial settlement have so far reached a dead end. In fact, a unilateral post facto financial offer can be a double whammy. Only the original author—or an authority the author designates—can agree to a post-facto settlement. In searching for resolution, intent matters. And two principles must anchor this process: that no solution can be one-sided, and that the final word belongs to the wronged party—unless ruled otherwise by a court. Arshiya Sethi is a two-time Fulbright Fellow, dance scholar, researcher and 'artivist', supporting management of arts institutions in creating inclusive and safe practices. Views are personal. (Edited by Aamaan Alam Khan)
Middle East Eye
2 days ago
- Business
- Middle East Eye
The quiet migration: Why Muslims are leaving India in staggering numbers
When *Taufeeq Ahmed boarded a flight from New Delhi to Canada in early 2020, he wasn't chasing a promotion, a degree or the promise of a better paycheque. Instead, he was trying to leave something behind - a heavy sense of unease that had been quietly building for years, and a fear that had finally become impossible to ignore. 'I lived close to Jamia Millia Islamia,' he said, referring to the prominent university in New Delhi where he used to study. 'During the anti-CAA protests, I saw police beating unarmed students, dragging them by their hair, firing tear gas into libraries. I had seen footage of this kind of state violence in Egypt or Hong Kong. But now, it was right outside my door.' The CAA, or Citizenship Amendment Act, was passed in 2019 by India's ruling Bharatiya Janata Party (BJP), sparking nationwide protests. The law fast-tracks Indian citizenship for non-Muslim refugees from neighbouring countries, drawing criticism for institutionalising religious discrimination. New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters The protests at Jamia turned violent when police stormed the campus. For Ahmed, that moment ended any illusion he had of safety. 'That night changed something inside me,' he said. 'It wasn't just about policy anymore. It was personal. The fear was immediate and physical.' Vulnerability In the following weeks, the weight of that fear hardened into a more profound disillusionment. What Ahmed had once brushed off as isolated incidents - lynchings in distant towns, discriminatory remarks at workplaces, inflammatory speeches by politicians - now felt systemic and undeniable. The realisation that the institutions built to protect people were complicit, or worse, indifferent, left him questioning the very idea of belonging. 'I was totally disillusioned by the idea of our country. It is truly messed up in so many ways - inequality, environment, caste, urban planning. I can go on, but speaking as a Muslim, the hate that the majority population have for Muslims is unimaginable. The levels of Islamophobia are through the roof,' Ahmed told Middle East Eye. Today, Ahmed and his wife live in Toronto, where he says his faith is respected, not scrutinised. Muslims fear potential 'Israel-like' retaliation after Kashmir attack Read More » 'There are prayer rooms in public buildings, and accommodations during Ramadan exams. It is unimaginable in India,' he said. 'The contrast made me realise just how deep Islamophobia runs back home.' Ahmed's story is part of a broad but quiet trend: Indian Muslims leaving the country in growing numbers. While India's economic migrants and tech talent continue to dominate headlines, this exodus, driven by religious polarisation, is rarely discussed. 'I am selling my property here and shifting to Dubai. At least I will get some peace,' said *Karim Sadiq, a businessman based in Lucknow, the capital of India's most populous state. Sadiq says the police have been after him since he and his family volunteered for one of the anti-government protests. For fear of reprisal, he refused to divulge more details. 'I will take my family along soon after things are settled there (Dubai),' he added. According to a Pew Research Center analysis, India is the second-largest source of Muslim migrants globally, after Syria. Roughly six million Indian-born Muslims now live abroad. Though Muslims represent about 15 percent of India's population, they account for an estimated one-third of Indian emigrants, indicating a migration rate significantly higher than other religious groups. 'This isn't just economic,' said Dr Nizamuddin Ahmad Siddiqui, a legal academic and co-founder of Project Mishkat, which fosters Muslim public discourse. 'It is social, political, psychological. Indian Muslims increasingly feel like second-class citizens in their own country.' Rising hostility India's political climate under Prime Minister Narendra Modi's BJP, which has been in power since 2014, has been marked by rising Hindu nationalism. Incidents of communal violence, discriminatory laws, and hate speech targeting Muslims have grown more frequent. Muslims in India have faced a range of challenges during this period, including mob lynchings over allegations of cow slaughter, campaigns against interfaith marriages often labelled as "love jihad", economic and social boycotts, and rising barriers to employment and housing. Hate speech by political leaders and the spread of Islamophobic narratives through social media have further fuelled hostility. In several instances, Muslim places of worship have been targeted, and there has been growing pressure on Muslim identity and practices in public life. The United States Commission on International Religious Freedom recommended that the US government designate India as a "Country of Particular Concern" in its 2025 report, citing egregious systematic violations of religious freedoms. For Muslims in India, day-to-day life has become fraught. Ahmed says that after every major incident of violence against Muslims in the country, friends start reaching out, asking how to move to Canada. 'As a Muslim scholar, I no longer feel safe even expressing my views' - Kamran Ahmed, Delhi-based researcher 'Whenever something awful happens - a lynching, a hate crime - I get calls,' he said. 'But many have to give up because migration is expensive and hard. Not everyone can afford it.' For those who can afford it, though, the decision is increasingly clear. Kamran Ahmed, a Delhi-based research scholar, says he is using most of his and his parents' savings to move out of the country. The decision, he says, is heartbreaking but necessary. 'As a Muslim scholar, I no longer feel safe even expressing my views,' he said. 'I have faced veiled threats, professional exclusion, and constant surveillance. I want to work in a place where I can breathe and where I am not reduced to my religion.' His story is not unique. According to a study by the Centre for the Study of Developing Societies in India, in collaboration with German think tank Konrad Adenauer Stiftung, 44 percent of Muslim youth reported experiencing discrimination because of their religion. Another study revealed that 47 percent of Muslims feared being falsely accused of terrorism. 'The normalisation of hate and the silence of institutions is making it impossible to live with dignity,' Kamran said. To be clear, migration for economic reasons is not new among Indian Muslims. Communities in Kerala, Uttar Pradesh, and Telangana have long histories of labour migration to the Gulf. However, experts say that what has also changed is the nature and intention behind this new wave. 'In the past, migration was temporary. People went to the Gulf for work and came back,' Siddiqui said. 'Now, they go to settle. They want their children to grow up in safer, more equitable societies.' He cites everyday examples of exclusion like being refused rental housing, facing suspicion for wearing a hijab or sporting a beard, or hesitating to pray in public. 'These might seem small,' he said. 'But together, they wear down your sense of belonging.' Institutions and identity under siege The sense of alienation is also tied to key flashpoints in India's communal landscape. The 1992 demolition of the Babri Masjid - a 16th-century mosque claimed by Hindu groups - was a defining moment. Its aftermath left scars that festered for decades. The 2019 Supreme Court verdict awarding the site to Hindus further deepened disillusionment, even among those who had reconciled with the loss. More recently, disputes over places of worship like the Gyanvapi Mosque in Varanasi and the Shahi Eidgah in Mathura have kept communal tensions simmering. 'Every other week, there is a new controversy targeting Muslim history, culture, or existence,' said Siddiqui. He also cited new laws regulating Waqf properties and the push for a Uniform Civil Code as examples of legislative efforts that, he said, aim to weaken institutions central to the Muslim community. Why Indian Muslims must endure endless loyalty tests Read More » 'It's hard to fight on every front,' he said. 'The minute one issue fades, another takes its place.' In 2022, over 225,000 Indians renounced their citizenship, the highest number in recent history, according to India's Ministry of External Affairs. While the government does not provide religious breakdowns, anecdotal evidence suggests a disproportionate number of Muslims are among those quietly exiting. 'Around 30 percent of the cases that come to us are Muslims,' said Khwaja Mohammad, owner of Yaseen Travels, a visa and travel agency based in Telangana, a state with a Muslim population of less than 13 percent. 'People are also investing a lot in Middle Eastern countries like the UAE and also in Turkey, which was not the case earlier. It means they intend to stay long-term or settle in these countries,' Mohammad said. Apoorvanand Jah, a professor at the University of Delhi, however, cautions against framing the exodus as entirely religious. 'It is those with resources who are leaving,' he said. 'Muslims are part of that class too, but so are many others.' Still, he notes, disillusionment is rising, especially among young Indians who see no economic or social future in the country. 'This is the first time, since independence, that India's youth feels completely hopeless,' he said. 'The economy is adrift, and hatred fills the airwaves. Who would want to stay in such a place?' Can the rift be healed? Despite the exodus and alienation, many of those leaving say they would return - if the climate changed. Ahmed hopes to one day return to India to care for his ageing parents. "I want to go back to India because my parents are there, and they will need care and support as they grow older," he said. And even if they didn't need care and support, I want to spend more time with them." If and when he does return, Ahmed said he would likely settle in a city he considers safer, such as Hyderabad or Chandigarh. Staying in his hometown in Uttar Pradesh, a state ruled by the BJP, he explained, would mean living "a very subjugated existence". 'Living there means to just quietly endure the numerous, daily, progressively more virulent acts of microaggression that the country's majority will do to you,' he said. 'The economy is adrift, and hatred fills the airwaves. Who would want to stay in such a place?' - Apoorvanand Jah, professor Siddiqui believes reconciliation is possible, but only through institutional reform and societal reckoning. 'This is not something Muslims alone can fix,' he said. 'The onus is on the majority community, the judiciary, and democratic institutions to step up.' He draws on the words of BR Ambedkar, a key architect of the Indian Constitution, who warned that the majority must earn the trust of minorities. 'That trust has been broken,' Siddiqui said. 'Now it must be rebuilt, if not for Muslims, then for India itself.' As India continues to project itself as a global economic power, the exodus of some of its brightest and most vulnerable citizens tells another story. 'What is happening may not be loud. There are no mass protests, no refugee convoys. But it is real,' said Kamran. 'It is a quiet, growing migration that says as much about the future of Indian Muslims as it does about the state of Indian democracy.' *Names have been changed to protect the identities of those interviewed.
Indian Express
28-05-2025
- Politics
- Indian Express
There is a line between criticising the government and breaking the law. India's courts have said it many times
It was 2012. Two young girls were arrested by the Mumbai police for expressing their discontent over a complete shutdown of the city after the death of Shiv Sena leader Bal Thackeray. Despite their subsequent release from custody, it took another three years and a landmark judgment to rule out the legal validity of the grounds for their arrest. The recent arrest of an engineering student from Pune for her Instagram story about Operation Sindoor — she was later granted bail by the Bombay High Court — shows that the needle hasn't moved much since then. Notably, removing the story and tendering an apology shortly after did not offer any relief to the teen, as she spent over two weeks in jail. She was also rusticated from college, barring her from sitting for the examinations. It was only after the Bombay High Court's intervention, which pulled up the police for a 'radical step,' that she got temporary relief. The investigation, however, would go on, and she would not be allowed to leave the state without permission. In the last few years, the constitutional right to freedom of speech and expression has been compromised on many occasions. We tend to forget that criticising those in power is different from breaking the law. The continuous clampdown on political commentary, especially on social media, repeatedly highlights the blurring of such lines. Be it the protests on the JNU campus in 2016, the anti-CAA protests, or one-off social media commentary by individuals, the 'anti-national' label and subsequent police action seem to be predictable consequences. The resort to national security and integrity as a ground for an embargo on free speech makes the 'reasonable restrictions on free speech' doctrine hollow. According to the central government's own submission in Lok Sabha, between 2018 and 2022, there were over 8,000 arrests for anti-government activities. Under the erstwhile Indian Penal Code, the colonial-era Section 124A was used to prosecute any expression or activity that led to disaffection towards the government. The lack of clarity of this provision, which led to numerous wrongful detentions, was acknowledged by the government itself. However, in the Bharatiya Nyaya Sanhita (BNS), the government replaced it with Section 152. This section punishes people for 'words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means' which endanger the unity, sovereignty, and integrity of India. The retention of the core principles of sedition in Section 152 makes the intention of the government clear. However, the Indian judiciary, time and again, has come up with strong guardrails against any abuse of law. One of the most controversial provisions — Section 66A of the Information Technology Act, 2000, often misused to arrest people — was declared unconstitutional by the Supreme Court in Shreya Singhal vs Union of India in 2015. This landmark judgment also impacted the interpretation and application of sedition laws. It denounced arbitrary restrictions on speech by highlighting the three-fold test of 'necessity, proportionality, and legality'. The court stated that mere expression that does not entail a clear and imminent incitement of danger or harm cannot be held as a ground for curtailment of speech, let alone criminal prosecution. Recently, in the case of Tejender Pal Singh vs State of Rajasthan (2024), the Rajasthan High Court echoed this sentiment and said that Section 152 should not be used to stifle dissent. The court also urged the state to distinguish between mere advocacy or discussion and a causal link between the expression and its consequences. The latter lays the ground for criminality; the former falls within the realm of freedom of speech and expression. Arbitrary and excessive restrictions do little to preserve public order and integrity; rather, they undermine the basic fabric of a democratic society. If the state doesn't show restraint, its radical reaction is bound to have consequences. The writer is Outreach lead at Nyaaya, an initiative of Vidhi Centre for Legal Policy
Hans India
25-05-2025
- Politics
- Hans India
Waqf: Muslim JAC to organise march on May 31
Hyderabad: The Muslim Joint Action Committee (JAC) of Telangana and AP, under the banner of Tahreek Muslim Shabban, has informed a massive protest march in Hyderabad against the Centre's recently approved Wakf Amendment Bill. The 'Telangana March to Rollback Waqf Amendment Act-2025' will take place on May 31 at Dharna Chowk. The venue for the Telangana March was finalised during the core committee meeting of the JAC held recently at the head office of Tahreek Muslim Shabban in Azampura, Hyderabad. The announcement was made by JAC convenor and Tahreek Muslim Shabban president Mohammed Mushtaq Malik. He stated that people from all districts of Telangana would participate in the march, which aims to pressurise the central government to withdraw the controversial legislation. Mushtaq Malik said the march would be bigger than the anti-CAA and NRC protests held in 2019, which were among the largest peaceful agitations in the country. 'All political parties except the BJP, including the Congress, BRS, CPI, CPM, as well as leaders from religious institutions, educational bodies, and social organizations, are expected to join the march,' he said. The main objectives of the Telangana March are to ensure the protection of mosques, dargahs, khanqahs, Ashoorkhanas, graveyards, Waqf properties, religious schools (madrasas), and Eidgahs, which protesters believe are under threat due to the amendment. The protest is shaping up to be one of the largest demonstrations in recent times, with strong participation expected from both Muslims and non-Muslims who believe in preserving constitutional and minority rights.
Time of India
20-05-2025
- Politics
- Time of India
Your kid's conduct is your responsibility: Jamia launches parental patrol amid rising student activism
In a move aimed at tightening discipline on campus, Jamia Millia Islamia has introduced a unique requirement in its admission process — a declaration from parents or local guardians, holding them accountable for the "conduct and character" of newly admitted students, reported TOI. This provision, absent in other central universities in Delhi, reflects a growing administrative push at Jamia to reinforce order and preempt unrest. The clause forms part of a Standard Operating Procedure (SOP) for admissions that was recommended by a university-appointed committee and approved by the vice-chancellor in April last year. Alongside the usual student declaration, the SOP now includes a statement that reads: 'I hereby declare that I take full responsibility of his/her conduct and character as a student of Jamia Millia Islamia. I shall make myself available to the university whenever required.' While anti-ragging declarations from parents are a standard requirement in Indian universities, Jamia's broader stipulation that guardians vouch for their ward's overall behavior is seen as an unusual step, said the report. Climate of caution The decision comes in the wake of growing tensions on campus. In February, students staged a sit-in protest near the central canteen, demanding a rollback of disciplinary actions taken against their peers. Live Events The university responded by filing a police complaint. Protesters later alleged that police officials contacted their families, urging them to intervene. Students also accused the university of publicly displaying their personal details while placing them under suspension — a claim Jamia has denied. 'Instead of addressing our concerns directly, they reached out to our families and portrayed us as troublemakers,' a second-year student who was part of the protest told TOI. 'This new clause feels like another tool to deter student dissent.' Since the anti-CAA protests in 2019, Jamia has maintained a campus ban on demonstrations. In recent months, it has issued more frequent warnings against 'unauthorised gatherings.' Not the norm A university faculty member, speaking on condition of anonymity, described the undertaking as a preventive measure designed to ensure accountability and deter disruptive behavior from the outset of a student's tenure at the university. By contrast, institutions such as Delhi University and Jawaharlal Nehru University do not require such parental declarations beyond the mandatory anti-ragging affidavit. Officials from both universities confirmed to TOI that they have no policy requiring parents or guardians to take responsibility for students' overall conduct. Jamia's media coordinator did not respond to requests for comment.
