Abstract

Though Indian courts at present are riddled with issues concerning music on the copyright front, significance of another aspect of music based on its essence is largely lost and unexplored. Though courts refer to popular songs in judgments, they are few and far in between. The understanding is that law today is neither poetic nor musical. Music, however, expresses mankind’s faith, hope and aspiration. The use of popular music by Indian courts to write creatively, though not necessarily improve the judgment is restricted and largely unexplored. This paper proposes to explore the dimensions of labour movement through music and the role of law in the making of India as a nation. The association of political dissent through music and the determination of the nation state to procure a stake in the management of the popular music that is sought to belong to itself will be the key theme for understanding the songs that make a nation. Beginning from the struggle for India’s independence to modern day labour movements using music for critique and promoting the vernacular culture are the essence of the paper. Historically, the role of music is central for workers in any labour movement worldwide and is now explored in the Indian context, beginning from the early years of struggle in the nineteenth century to the year of independence in 1947. Recent movements including the protests against profiteering and displacement of persons will also form part of the discussions in this paper. The roles of music and the law have periodically been addressed in the scholarly legal arena but the topic has seldom been explored in-depth from a labour perspective, as paper ventures to do.