Patna High Court
Nitu Chandra vs The Union Of India on 18 April, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4051 of 2025
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Nitu Chandra D/o Late Shri Umesh Chandra Srivastava, R/o 406, Indralok
Appartment Patliputra Colony, Bihar- 800013.
... ... Petitioner/s
Versus
1. The Union of India through Secretary, Ministry of Information and
Broadcasting, Central Bureau of Communication, Ministry of Information
and Broadcasting.
2. The Secretary, Ministry of Information and Broadcasting, Central Bureau of
Communication, Ministry of Information and Broadcasting, Regional
Office, Patna, 4th Floor, G-wing, Karpoori Thakur Sadan, Ashiana - Digha
Rd., Patna.
3. The State of Bihar, through the Chief Secretary, Information and Public
Relations Department, Bihar.
4. The Chief Secretary, Information and Public Relations Department, Bihar,
J438 and Q5C Soochna Bhavan, Sardar Patel Marg, Rajbansi Nagar, Patna,
Bihar 800015.
5. YoYo Honey Singh Productions Private Limited, through its Director
Hirdesh Singh @ YoYo Honey Singh, Address- 1-9 ground floor, Indsti
Housing Colony, Karampura, P.S.- Mot Nagar, New Delhi, West Delhi-
110015.
6. Hirdesh Singh @ YoYo Honey Singh, S/o Sardar Sarabjit Singh, R/o not
known, E-mail [email protected]
7. Leo Grewal, S/o not known, R/o not known, E-mail-
[email protected]
8. Ragini Vishwakarma (Bhojpuri Singer), D/o not known, R/o not known,
Instagram account id raginivishwakarma583
9. Arjun Ajanabi Bhojpuri (Bhojpuri writer), S/o not known, R/o not known
10. Vinod Verma (Dubbing Conductor), S/o not known, R/o not known
11. Manish J. Tipu (Vocal Coach), S/o not known, R/o not known
12. T-Series (Music Label), Address B-35, Sector 63, Noida, Uttar Pradesh,
India.
13. Google India Pvt. Ltd., Address- 1st Floor, 3 North Avenue, Maker Maxity,
Bandra Kurla Complex, P.S.- Bandra Kurla Complex, Bandra East, Mumbai-
400005.
14. YouTube LLC (Limited Liability Company), Video Sharing Company,
Address- Google Signature Towers, 691, Delhi Jaipur Expressway,
Silokhera, Sector 15 Part- 2, Sector- 15, P.S.- Civil Lines, Gurugram,
Haryana - 122001
... ... Respondent/s
Patna High Court CWJC No.4051 of 2025 dt.18-04-2025
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Appearance :
For the Petitioner/s : Ms. Nivedita Nirvikar, Sr. Advocate
Ms. Shashi Priya, Advocate
Mr. Amarshakti, Advocate
Mr. Sumit Kumar Bubna, Advocate
Mr. Shashank Shekhar, Advocate
For the Respondent/s : Dr. K.N. Singh, ASG
Mr. Alok Kumar, CGC
Mr. Shivaditya Dhari Sinha, Advocate
Mr. Abhijeet Gautam, Advocate
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 18-04-2025
We have heard Ms. Nivedita Nirvikar, the
learned Senior Advocate for the petitioner and Mr. Alok
Kumar, the learned Advocate for the Central
Government.
2. The petitioner though, an actor in her own
rights and a social activist, has approached this Court for
restraining the composers, singer and disseminators of a
particular song for it to lascivious, salacious and not
appropriate in contents to be telecast or displayed in
public as it would have a deleterious effect on young and
Patna High Court CWJC No.4051 of 2025 dt.18-04-2025
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impressionable minds; but is not averse to the idea of
activating the provisions contained in the Information
Technology Act, 2000 and the Ethical Code Rules,
namely, the Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021 for
stopping the composition, display and broadcast of such
songs which are so vulgar in content.
3. It appears that on the asking of the
petitioner, the Additional Director General of Police
(Weaker Section), Bihar has written a letter on
07.03.2025
to all the Inspector Generals of Police of the
State of Bihar to prevent such songs or messages with
double entendres from being telecast, played or broadcast
and not doing so would be a breach of the provisions of
the Bharatiya Nyaya Sanhita Act, 2023 and Information
Technology Act, 2000 as well.
4. Ms. Nirvikar has further pointed out that
even the Ministry of Information and Broadcasting has
taken action against obscene contents on the OTT
Patna High Court CWJC No.4051 of 2025 dt.18-04-2025
platforms and many of such contents have been blocked.
The makers of such contents have also been warned.
5. The Ministry of Information and
Broadcasting has taken serious view of the violation of
the IT Act, the Penal Code and the Indecent
Representation of Women (Prohibition) Act, 1986.
6. The writ petition contains a particular song
composed and sung by a famous singer, various stanzas
of which, according to the petitioner, are vulgar.
7. The petitioner, as an activist and a
promoter of Bhojpuri language, stood particularly
disturbed because of use of Bhojpuri language in one of
the stanzas of the song in question which displayed
women, in general, as an object of lust.
8. The seriousness of the petitioner stems
from the fact that Bhojpuri language, as such, is being
touted as a language of vulgarity, which is not a correct
perception; but the use of Bhojpuri language in an
indecent song would only lend support to such projection
Patna High Court CWJC No.4051 of 2025 dt.18-04-2025
of Bhojpuri language as a language of indecent
representation of women. Precisely for this reason, the
petitioner has approached this Court with many prayers,
which, in our estimation, may not be granted.
9. Mr. Alok Kumar, the learned Advocate for
the Central Government has drawn the attention of this
Court to various provisions in the IT Act and the Ethics
Code Rules, 2021 including the redressal mechanism
provided therein for any party to approach the concerned
authorities for the needful, i.e. for stoppage of broadcast
of such vulgar songs.
10. Ms. Nirvikar has very fairly submitted that
on the asking of the petitioner, the Police Department of
Bihar had swung into action.
11. It is thus expected that if such a complaint
is made by the petitioner before the Grievance Redressal
Cell of the Code Rules of 2021, the authorities concerned
shall look into the matter with seriousness and shall act in
accordance with law.
Patna High Court CWJC No.4051 of 2025 dt.18-04-2025
12. With the afore-noted directions and
observations, this petition stands disposed off
accordingly.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sauravkrsinha/Sujit-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.04.2025
Transmission Date NA
