A Deliberate Study Of Article 371g Of The Indian Constitution And The Copyright Protection In Mizoram
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Category: Constitutional & Human Rights
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A DELIBERATE STUDY OF ARTICLE 371G OF THE INDIAN
CONSTITUTION AND THE COPYRIGHT PROTECTION IN
MIZORAM
K. Remruatfela, Ph.D Research Scholar, Department of Public Administration, Mizoram
University (MZU), Registration No.MZU/Ph.D/1819 of 15.8.2021
ABSTRACT
Copyright reflects the creativity of a particular work and is a result of human talent and mental power. It is an idea from a "human brain" and a type of intellectual property. The copyright legislation was passed in order to encourage writers, composers, and vocalists to come up with creative, original works. The entire country of India was covered by the statute. The Indian Constitution does, however, provide for some exceptions to the State. Based on numerous reports from Mizoram's statutory and non-statutory agencies, the current study examines how copyright law is administered in the state and how well it works for the Mizo people. The outcome shows that more research is necessary to effectively use the particular legal provisions in Mizoram that the Indian Constitution guarantees. It guarantees that the Copyright Act must be modified to fit the Mizo community's social environment.
Introduction Copyright is the exclusive right to reproduce or copy a work that belongs to the author. It is the right, either directly or through authorized agents, to conduct specific activities with literary, dramatic, musical, and creative works as well as with motion pictures and sound recordings. Copyright reflects creative labor and is a result of human skill and mental power. It falls within the category of intellectual property, which is defined as property produced by the "human brain. " In the meantime, it is witnesses that due to the advancements in science, technology, and other fields, there have been numerous cases when dishonest individuals have stolen unique works of art for their own self-serving purposes, utilizing them to their detriment.
As such, in order to safeguard authors whose human abilities and intelligence must be valuable for boosting revenue for their financial advancement, it was deemed important to pass legislation such as the Copyright Act. As a result, to motivate the authors, music composers, and singers to innovatively create original pieces of work by granting them the exclusive right of use of their creative products and means to earn money at least for a particular period without being copied by others, the Copyright Act, 1957 was enacted. Copyright law was operated under the supervision and directives of the central government through the Registrar of Copyright. In pursuance of Section 9 of the Copyright Act, Copyright office has been established under the immediate control of the Registrar of Copyright.
In order to enforce the rights of the copyright holder, the Copyright Board was created under the said statute. The Copyright Board has the authority to control its own processes, including setting the locations and schedule of its meetings. Nonetheless, the Copyright Board typically considers any case that is filed in the area where the party bringing the action resides willingly and actually, conducts business, or works for pay. Automatically, the Registrar of Copyright is the Secretary of the Copyright Board. The research work has been particularly confined to the administrative apparatus of Copyright protection in Mizoram with a comparative study of the protective provision laid down in Art 371G of the Indian Constitution. The main motive is to educate the government in order to
have a new design of special copyright laws in consistence with the societal life of the Mizo community for the attainment of a better society and a welfare oriented state. Research Objectives
1. To examine the works done by the Enforcement Agencies for the implementation
of copyright protection in Mizoram.
2. To study the effort taken by the Government of Mizoram for administration of
Copyright law in Mizoram.
3. To determine whether the Article 371G of the Indian Constitution applies to
adapting copyright laws to accommodate Mizo customs and practices. Methodology A study is based on mixed method of primary and secondary data. A range of committee and
survey reports from statutory and non-statutory organizations in Mizoram serve as the study's secondary source of data. It also used information from the Law Enforcement Department. Primary sources of information included interviews with representatives of the Cyber Crime Police Station, the Mizoram Science & Technology Department, and other prominent Mizoram residents with an interest in the literary arts. Background of Article 371G of the Indian Constitution In the case of L. Biakchhunga v. State of Mizoram1, Justice Amitabh Roy provided a thorough account of Mizoram's legislative history. According to historical accounts, the Lushai Hills were first inhabited by the Mizo people in the 1700s. The British government formally included the area into British India on September 6, 1895.
The British government passed the well-known "Government of India Act, 1919" or the "Montague-Chelmsford Reforms" in 1919 with the goal of bettering the condition of Indians. This Act of Sec. 52-A had one of the most important provisions for the Lushai, allowing the Governor General in Council to declare any territory in British India a "Backward
1 L. Biakchhunga v. State of Mizoram, (2006) 2 GLR 610
Tract." As a result, the Lushai Hills District was classified as a Backward Tract on January 3,
1921. Legislation in these areas might be passed by the Assam Legislature, but it wasn't
implemented until the Governor-General gave his approval for any necessary extensions or changes. Subsequently, according to the Independence Act 1947 (2) (1), the Lushai Hills was annexed into the new Independent State of India, which led to the termination of British Indirect Rule in the Lushai Hills. Following India's independence, the area was incorporated into the Union of India and assigned to the Assam province, which is controlled by a District Council in accordance with Article 242(2) and the Indian Constitution's Sixth Schedule. During the District Council era, a great insurgency broke out on the first day of March,
1966 led by the Mizo Nationalist Front, which was popularly known as MNF Party demanding
full independence from the India. So, from that day onwards, the Indian government declared ‘Mizoram’ as ‘Disturbed Area’, and the insurgency start going on. In the meantime, there was a political reorganization of the areas in North Eastern region in 1970 - 1971 which was brought about by the North-Eastern Areas (Reorganization) Act, 1971 (Act 81 of 1971). By this Act the Mizoram also was taken out by Assam and become a Union Territory. 2 After 20 years of fighting, the MNF Army laid down their weapons and turned themselves into the Indian government. Accordingly, on June 30, 1986, the Indian government and the MNF party (Mizo National Front) signed a treaty of accord known as the "Memorandum of Settlement" (MOS). Union Home Secretary R. D. Pradhan signed the document on behalf of the Indian government, while Mr. Laldenga signed it on behalf of the Mizo National Front.
The agreement was also signed by Mizoram's Chief Secretary, Mr. Lalkhama. On February 20, 1987, Rajiv Gandhi, the Indian Prime Minister at the time, formally announced Mizoram as the 23rd State of India following the signing of the agreement. The State of Mizoram Act, 1986 (Act. 34 of 1986) was passed in accordance with the aforementioned Settlement, and the Union Territory of Mizoram became a state. The Act implemented consequential changes by replacing the word "Union Territory" with "State" wherever Mizoram appeared in the title of the Sixth Schedule and in paragraphs 12B, 17 and
20. Concurrently, the Constitution (53rd Amendment) Act, 1986 was approved, and the Indian
2 Hansaria BL, Six Schedule of Indian Constitution,22 (Universal Law Publishing Company 2010)
Constitution's new article 371G - which addresses the governance of the newly created Mizoram State - was introduced so as to protect the identity of the Mizo community. 3 Administrative protection of Copyright law in Mizoram The study claims that as of right now, Mizoram-specific amendments to the "Copyright Act, 1957" have not been made. There is no distinct department dedicated to handling copyright-related matters; instead, it functions as a cell within the "Patent Information Center" of the Directorate of Science & Technology, Government of Mizoram4. The saddest aspect is that the authorities have yet to appropriately execute the Copyright Act of 1957 and defend the rights of the creators of copyrighted works, which could lead to the moral and financial deterioration of daily life.
The "Patent Information Center" was first established in 2010 and began operating effectively in 2011. The following are the center's main and crucial goals: (i) To maximize natural resource utilization (ii) To maintain and improve public expertise (iii) To establish the framework for the advancement of higher education (iv) To create knowledgeable and cutting-edge materials for the government (v) To advance intellectual property rights As per the record, under the Patent Information Centre, Copyright Cell, 10 Copyrights have been registers. Amongst these, there are 5 literary works, 2 Artistic works, 2 Cinematography films and 1 Sound recording as under. 5
3 Zorema J, Indirect Rule in Mizoram, 12 (Mittal Publications 2007)
4 Mizoram Science & Technology Department official website, https://mistic.mizoram.gov.in/patent-informationcentre/ (Last visited 8.2.2025) 5 Patent Information Centre, Intellectual Property Rights, 20 (Mizoram Science & Technology & Innovation Council 2020)
List of works that have done Copyright registration:
1. Work Title
: Scientist Hmingthangte Diary No
: 600/2019-CO/L
Class of Work : Literary Submitted by : Dr. R.K. Lallianthanga Submitted on : 15.01.2019 Status : Registered on 15.04.2019
ROC
: L – 81550/2019
2. Work Title
: Van Lam Hun (Space Age) Diary No.
: 10436/2019-CO/L
Class of Work :Literary Submitted by : Dr. R.K. Lallianthanga Submitted on : 05.07.2019 Status
: Registered on 09.08.2019 ROC No.
: L-84573/2019
3. Work Title
: Hringnun zawhna - Science atanga Channa Diary No.
: 11754/2019-CO/L
Class of Work : Literary Submitted by : Dr. Lalnunsiama Colney Submitted on : 25.07.2019 Status
: Registered on 13.09.2019 ROC No.
: L-85428/2019
4. Work Title
: Siar Mengmawi Diary No.
: 10444/2020-CO/SR
Class of Work : Sound Recording Submitted by : Joel Lalbiakkima Submitted on : 29.07.2020 Status
: Registered on 08.03.2021 ROC No.
: SR-15709/2021
5. Work Title : Hnehna Ropui Diary No.
: 11754/2019-CO/L
Class of Work : Literary Submitted by : Dr. Lalnunsiama Colney Submitted on : 25.07.2019 Status
: Registered on 13.09.2019 ROC No.
: L-85428/2019
6) Work Title
: Aizawl FC Logo Diary No. 1838/2021-CO/A Class of Work : Artistic Submitted by : Aizawl Football Club Submitted on : 05.08.2021 Status : Re-Scrutiny ROC No.
:
7) Work Title
: Dengi I Love You Diary No.
: 21228/2021-CO/CF
Class of Work : Cinematograph Film Submitted by : B. Lalbiakvela Submitted on : 03.09.2021 Status : Registered on 05.06.2023 ROC No.
: CF-5286/2023
8) Work Title
: Lallianmawia Pachuau Diary No.
: 24818/2021-CO/L
Class of Work : Literary Submitted by : Eddy Zosangliana Colney Submitted on : 13.10.2021 Status
: Registered on 04.01.2022 ROC No.
: L-110150/2022
9) Work Title
: Traditional Chibi Diary No.
: 4430/2022-CO/A
Class of Work : Artistic Submitted by : Grace Ch. Ralte Submitted on : 01.03.2022 Status
: Registered on 08.02.2023 ROC No.
: A-144070/2023
10) Work Title
: Dear Kim Diary No.
: 14909/2023-CO/L
Class of Work : Literary Submitted by : Jonathan Thangtea Submitted on : 05.06.2023 Status
: Work awaited As the Guardian and Preserver of Intellectual Property, the Patent Information Center places a high priority on working to uplift and defend innovators. As a result, it lacks the authority to act and penalize people who violate copyright laws. Nonetheless, the Enforcement Agencies have the authority to prosecute copyright infringement. In order to protect the rights of copyright owners, the Mizoram Police Department's Cyber Crime Police Station (CID) was created to prosecute copyright violators within the bounds of the law. Political leaders have also recognized the inevitable nature of intellectual property, its growing relevance in public life, and the rapid advancement of human intelligence and the expansion of the IT sector.
As a result, on May 26, 2010 (Wednesday), the Law & Judicial Department met with the Mizoram State Law Commission to discuss issues related to copyright laws at the Secretariat Conference Hall in Aizawl. 6 However, as of right now, the State administration has not taken any meaningful action. The following is the meeting's resolution:
1. The Home Department being a Nodal Department shall take steps to create a Cell to
'enlist original works' which shall be very useful as a mechanism to reduce and solve 6 The State Government once had a meeting to discuss matters pertaining to Copyright Laws. However, no further step had been taken so far for implementation of the resolution. (Zahmingthanga, personal communication, May 4, 2023).
the present problem relating to registration and enforcement of intellectual property rights.
2. Copyright Cell in the Police Headquarters to be reactivated and equipped with adequate
staff to effectively combat the menace that has been a serious concern of the victim, society, and the government.
3. The Commission shall hold workshops on the subject concerning all the stakeholders.
4. The Law and Judicial Department shall prepare a statement on how to check the menace
and discourage the ill practices and to book those who are guilty of the offence by listing out all relevant laws. Since the Cyber Crime Police Station (CID) was only established on November 27, 20207, and copyright violations are relatively new to Mizo society in both concept and practice, there are currently very few crimes pertaining to intellectual property that are registered and investigated. As a result, the Cyber Crime Police Station only functions as a single cell inside the Home Department under the direction of the Police Department, receives extremely little resources, and currently has very little authority. Active police officers are currently being sent to the cell, and CID staff is not often specialists in issues pertaining to intellectual property and copyright.
This should demonstrate that everyone must emphasize issues pertaining to copyright and intellectual property. Since the establishment of the aforementioned enforcement body, only three copyright infringement charges have been brought thus far. While one of these situations is presently being investigated by the authorities, the other two have already been resolved. The two cases that have been settled are:
1. State of Mizoram vs. Lalremsiama8
The case was all about the infringement of other copyrighted work for personal gains. The accused Lalremsiama is charged with making a duplicate copy of the film 'Ka U 7 “Mizoram Police, Government of Mizoram” Official Website, (https://police.mizoram.gov.in/inauguration-ofcyber-crime-police-station/) Accessed on 23.2.2024
8 Criminal Trial No. 1444 of 2022 , Aizawl Judicial District, Aizawl, Mizoram
Liana' without the consent and permission of the producers. As a consequence, the complainant not only does not make any profit but also utterly fails to earn back the production cost of the film 'Ka U Liana'. However, at the time of consideration of charge, the accused Lalremsiama confessed before the court that the accusations made against him were true and that he was indeed guilty therefore the court granted him a merciful sentence. As such, the trial Court sentenced the accused Lalremsiama to be incarcerated for a period of three days and to pay a fine of Rs. 10000/-. The case has been considered settled since.
2. State of Mizoram vs. Samuel Lalpekhlua9
In this case, the Complainant states how the song ‘Ka ngai che’ by ‘Kimkima ft. G’nie’ that is being out for sale for streaming in the application ‘Darbu’ was uploaded without consent on YouTube by the channel ‘No Mercy’. After thorough investigation, it has been discovered that the YouTube Channel ‘No Mercy’ is under the administration of Samuel Lalpekhlua and as such cased has been filed against him. However, before trial was actually conducted, the accused Samuel Lalpekhlua pleaded guilty before the court at the time of consideration of charge and therefore the court granted him a merciful sentence. As such, the trial Court sentences the accused Samuel Lalpekhlua to be incarcerated for a period of twelve days and to pay a fine of Rs 4000/-. The case has been considered settled since.
The two aforementioned instances are currently the sole copyright infringement suits that have been registered and resolved. In addition to this, there may be several other examples of copyright violations. However, aside from the two examples stated, there are no more copyright infringement cases on display since these issues quietly fade away before they reach the Cyber Crime Police Station, CID (Crime), or the court. The two cases above have no bearing on any literary work violation of any sort and are both related to artistic and musical work violations. As per the present records, so far there have been no instances to be seen or heard of literary work violation in the Cyber Crime Police Station, CID (Crime) or the Law Court, be it a Civil Case or a Criminal Case.
9 Criminal Trial No. 180 of 2023, Aizawl Judicial District, Aizawl, Mizoram.
The Cyber Crime Police Station, CID (Crime) on occasion has attempted to make the public aware of Copyright and to safeguard against possible violation through various print media to spread copyright education. They have also conducted several awareness campaigns in colleges, schools, and in front of NGOs. However, since the workers in charge of cyber-crimes are not necessarily experts in copyright laws, there is room for much improvement. This should clearly demonstrate the necessity of how copyright should be given new priority by the government.
Results & Discussions To find out and document the extent of the enforcement of Copyright Act by the Government and to know the tendencies of strict application of copyright law in the social context of Mizoram, 60 people, who are known to have relations in regards to it have been asked to answer a Questionnaire and their responses have been documented. Chart: 1 Enforcement of Copyright Act is poor in Mizoram Agree 100% Chart: 2 Strict application of copyright hampers economic/cultural development 33% Agree 40% disagree No opinion 27%
Chart: 3 Need to adapt Copyright Act provisions for Mizo community 27% Agree Disagree 55% 18% No opinion Based on the data collected and the chart, it is evident that the Mizoram Government is underperforming in regards to the enforcement of Copyright law in Mizoram and has been demanding the Government for more awareness of the Copyright Act to be spread among the local populace so that it may function as it should. In the meantime, the notable fact is that though the people living in the community believed that the Copyright Act may require a state adaptation to fall in line with the culture and tradition of their society, however, people seem to still be unaware that harshly implementing the laws and protecting one’s creative works can have drastic effects on literature, culture and even the economy.
Issue & Challenges After careful consideration, it is evident that the copyright legislation needs to be adjusted to the social context of the Mizo people in order to support the general economic and cultural development. Article 371G of the Indian Constitution is, in fact, the finest way to preserve Mizo society's customs and traditions without interfering with them. The Act states that legislation passed by the Parliament may be declared unsuitable inside the state if they are deemed to conflict with their culture or religion. In a nutshell, this provision means that in aspects of religious or social practices, customs, ownership of transfer of land, Act of Parliament will not automatically applicable to the Mizoram State. The Mizoram Legislative Assembly will have the right to adapt or modify the Act in compromise with the Mizo Customary Law.
Considering the same, it is reiterated that the best manner in which to protect the Mizo society
norms & practices without disturbance can undoubtedly be stated to be this Art.371 G and utilizing the law that stems from it being the ‘State of Mizoram Act, 1986’. The mode of utilization is now in the hands of the people of Mizo. Conclusion A careful examination of the chart and this copyright law shows that several of its clauses are
blatantly at odds with Mizo traditions and practices. The Mizo people are still in the process of learning from and being inspired by others in the realm of literary advancement. The course of this literary evolution is examined in detail within the boundary and may be seen as somewhat difficult. Therefore, it's imperative to always be mentally clear and use caution in these circumstances. As a result, the government faces a big challenge in figuring out how to best apply and highlight the previously mentioned special provision of the law. To modify these rules, more study in the pertinent area could be carried out.
Bibliography • Bakshi PM, The Constitution of India (Universal Law Publishing Company 2009) • Hansaria BL, Six Schedule of Indian Constitution (Universal Law Publishing Company 2010) • Jagannathan P, Intellectual Property Rights – II (Usha Jaganath Law Series 2010) • Patent Information Centre, Intellectual Property Rights {(Mizoram Science & Technology & Innovation Council (MISTIC) 2020)} • Prasad RN, Government & Politics in Mizoram (Northern Book Centre 1987) • Rattan Jyoti, Copyright Act (Bharat Law House Pvt. Ltd 2021) • Ray Animesh, Mizoram (National Book Trust 1993) • Zorema J, Indirect Rule in Mizoram 1890 – 1954, (Mittal Publications 2007) Webliography • https://mistic. mizoram. gov. in/patent-information-centre/ • https://police. mizoram. gov. in/inauguration-of-cyber-crime-police-station/ Case Law • L. Biakchhunga v. State of Mizoram, (2006) 2 Gau LR 610: (2006) 3 Gau. LT 785.
• State of Mizoram vs. Lalremsiama of Criminal Trial No. 1444 of 2022, Aizawl Judicial District, Aizawl, Mizoram • State of Mizoram vs. Samuel Lalpekhlua of Criminal Trial No. 180 of 2023, Aizawl Judicial District, Aizawl, Mizoram