Regulating the seven svaras

 In July 2024, a revised version of the Bill was shared with select stakeholders but was subsequently recalled in August 2024. Caught in this dragnet is the music industry, which is threatened to be regulated by oversight mechanisms better suited for traditional broadcasters like television and radio. If the proposed 2024 Bill is introduced in its current form, it would subject music to mandatory pre-release reviews and alignment with the centralised program code. This is a concerning precedent. Officially, the consultation period for the 2023 Bill was extended till 15th October 2024, and the draft remains accessible to the public.

Can inspiration be measured?

Many artists inducted into the Chishti Silsila of Sufi Music have dedicated decades immersed in traditions that defy standardisation. Their compositions go beyond devotional, they are spontaneous, improvisational, and brimmed with regional nuance. This naturally leads to one wonder: can a moment of divine inspiration ever truly be measured?

A recent peer-reviewed study by The Dialogue, Tuning into Change, based on a survey of 1200 musicians across India performing in 21 languages, assessed the impact of the proposed regulations on the music industry. The outcomes are stark:

* 82% of the musicians interviewed believed that the proposed additional compliances would limit diversity and uniqueness of music.

* 75%anticipated that pre-release reviews by content evaluation committees would enhance operational complexity.

* 80% feared that the cost of compliance would strain their financial capacity, particularly for independent and regional artists.

The artists clarify that their stance is not one of opposition to regulation. In fact, they appreciate its importance in tackling misappropriation, misuse, and plagiarism—especially in the age where AI can mimic age-old ragas with chilling precision. However, they argue that protective measures must not come at the expense of the creativity it seeks to uphold. The solution lies not in blanketing music with broadcasting codes suited for television but in crafting thoughtful, sector-specific regulations that enable it without suffocating.

Need for regulation that’s in sync with the subject

The rich tapestry of musical heritage is at the risk of reducing into a checklist if the laws demand that each musical note conform to rigid programmatic codes. India’s music is not just an industry- it is a cultural inheritance. Be it the elaborate alaps of Dhrupad gradually nurturing an accelerating rhythmic pulse or the sentimental, satirical and even erotic expression of Lavani, India’s music has thrived as it was allowed to breathe, adapt, improvise and innovate bereft of regulatory oversight.

There is a need for a regulatory approach that listens and appreciates—one that partners with the music community to preserve its heritage and diversity—rather than prescribing rigid rules that may unintentionally silence it.

Regulating artistic expression without an understanding of its cultural context poses the risk of erasing it altogether. Preserving India’s intangible cultural heritage requires an appreciation of its inherent fluidity. Classical and folk traditions are not relics frozen in time, they are living, breathing sonic expressions that continually evolve through their engagement with modernity. This ecosystem supports not just 40,000 + artists in the formal sector but over 1.4 crore workers in the informal sector—brass bands, folk artists, and traditional instrumentalists. The regulation ought to recognise vibrancy, not constrain it so that the soul of Indian music can thrive.

A layer of regulation already exists

Interestingly, music streaming platforms are well in compliance with the IT Rules 2021, which not only mandates grievance redressal at the behest of the users but also content takedown at the command of the state. Adding another layer of regulatory compliance under the proposed broadcasting laws will undo the progress to date and only add to confusion, not clarity.

The IT Rules 2021 already mandate that music streaming platforms tackle obscenity, privacy-invading, and even ethically objectionable content, with which platforms comply.

This raises the question of whether there is really a need to introduce an additional Programme Code. Moreover, the IT Act prescribes punishment of up to 3 years and a fine of up to 5 lakhs for an offence like obscenity in the digital space, which can be increased on subsequent offences. With best practices already in place under the IT Rules 2021 and punishments prescribed under the IT Act 2000, the proposed broadcasting codes are adding bureaucracy to the problem already being solved by existing regulations. There is also the practical concern of feasibility: is it humanly possible to review the nearly 1 lakh songs released each day, along with the vast archive of past releases?

India’s music does not require pre-approval to connect with the soul. It needs warmth, space, support, and freedom to be what it has always been—a reflection of who we are.

Dhruv Sangari (Bilal Chishty) is a classical vocalist and composer, inducted into the Chishti Sufi tradition and the Director of Naadvistaar Foundation. Pranav Bhaskar Tiwari is a Senior Researcher at The Dialogue and a trained classical musician.

Views are personal and do not represent the stand of this publication.