INTRODUCTION
India boasts a rich tapestry of talent across various artistic fields, including music, dance, magic, acting etc. However, job opportunities in the arts sector remain limited, as a result, many artists resort to busking. Busking means performing in public spaces to earn voluntary contribution from the public. While the United Kingdom has specific rules and laws regulating busking, India lacks such legal framework. Consequently, artists in India often face significant challenges due to the absence of legal protections and guidelines. In India, Busking is regulated by various legislations such as the Dramatic Performances Act, 1876, Bombay Prevention of Begging Act, 1959 etc.
THE DRAMATIC PERFORMANCES ACT, 1876
This act was enacted by the British government on 16th December, 1876 and at that time India was a British colony, and people had started using theatre to protest against the British rule. This act is not yet repealed in India completely as many states in India have enacted their own Dramatic performances act with some amendments.
Section 3 of The Dramatic Performances Act, 1876 gives the power to the provincial government that if the government believes that any play, pantomime or other drama is defamatory, spreads feeling of disaffection towards the government established by law or is likely to corrupt the audience, Then the government may by order prohibit such performance. An order under section 5 of the said act is notified by proclamation and anyone who, after notification of a prohibition order, participates in or assists with the prohibited performance, attends as a spectator, or allows their property to be used for the performance may face to three months imprisonment, a fine, or both upon conviction by a magistrate under section 6 of the said act.
The Provincial Government may declare, by notification in the Official Gazette, that certain provisions apply to a local area. From the specified day, no dramatic performance shall occur in any public entertainment venue within the area without a license granted by the Provincial Government or an authorized officer. Additionally, no performance shall take place unless a copy of the piece or an account of its purport is provided at least three days in advance. Any keeper of a public entertainment venue who disobeys this order, after receiving a copy, can be punished with up to three months imprisonment, a fine, or both.
Rajasthan Dramatic Performances and Entertainments Rules, 1955
The Rajasthan Dramatic Performances and Entertainments Rules, 1955, are more specific and clear than the provisions of Dramatic Performances Act,1876. These rules outline the process for obtaining a license and are less stringent. They include Form A, which provides the application format for holding a dramatic performance or entertainment event. Section 2(i) of the Rajasthan Dramatic Performances and Entertainments act defines the word entertainment which includes variety show.
Under section 8 and 9 of the rules, an application for a license must be made to the licensing authority in Form A, bearing the prescribed court fee and accompanied by the license fee. It should be submitted at least fifteen days before the planned performance date, though in suitable cases, it may be accepted closer to or on the date of the event before the performance. Upon receiving an application, the Licensing Authority will grant the license immediately or set a date for an order, communicated to the applicant. The Authority may request additional information or a demonstration and inspect the premises if necessary. After hearing the applicant, the Authority will grant or reject the application, providing reasons, and issue the license in Form B given in the rules.
A license will not be granted to individuals under 21 years or age or without paying the fee. It may be refused if the performance breaches peace, including restricted content, or lacks required information or premises inspection. Fees are Rs. 10 for the first day and Rs. 5 for subsequent days, with exceptions for certain charitable, governmental, or educational events.
Under the rules, the District Magistrate must give notice to the individual concerned before issuing a prohibitory order under section 3 of the Ordinance. This notice provides an opportunity for the person to present objections and show cause against the proposed order, stating the grounds for its issuance and specifying the time, place, and date of the hearing. The notice is served in duplicate, following procedures similar to those for criminal summons under the Code of Criminal Procedure, 1898. After hearing the objections, the District Magistrate will decide on issuing the prohibitory order, recording reasons for the decision. In emergencies threatening public peace, an immediate order may be issues, with a subsequent hearing to confirm, modify, or revoke the order as necessary.
Karnataka Dramatic Performances Act, 1964, Himachal Pradesh Dramatic Performances Act, 1964 and Orissa Dramatic Performances Act, 1962 have almost same provisions.
BOMBAY PREVENTION OF BEGGING ACT, 1959
The Bombay Prevention of Begging Act, 1960, enacted to regulate and address begging by detaining, training, and rehabilitating beggars and their dependent in specified institutions. The Act extends to the Union Territory of Delhi (National Capital Territory of Delhi) as well.
Busking is also governed by this act. Section 2(1)(i)(a) of the Bombay Prevention of Begging Act, 1959 defines “Begging” as the act of soliciting or receiving alms in a public place, regardless of whether it involves activities such as singing, dancing, fortune telling, performing, or selling items. This definition equates busking with begging under the provisions of the Act.
Under section 4 of the act, any police officer or authorized person can arrest, without a warrant, any person found begging, except when soliciting on private premises unless the premises occupier complains. The arrested individual must be brought promptly before a court, following procedures outlined in the Code of Criminal Procedure, 1898. The officer in charge of the police station is responsible for ensuring the arrested person is held securely until their court appearance, maintaining compliance with prescribed standards for custody.
Section 5 of the act says that if a person found begging is brought before the court and has not been previously detained in a Certified Institute, the court must conduct a summary inquiry to verify the allegations. If the inquiry cannot be completed immediately, it may be adjourned, and the person remanded to suitable custody. If the court finds no evidence of begging, the person is released. If begging is confirmed, the court records this finding and orders detention in a Certified Institution for one to three years. However, if the court believes the individual is unlikely to beg again, it may release them on a bond. In making its decision, the court considers the beggar’s age, character, living conditions, and Probation Officer’s reports, which are confidential but may be partially shared with the beggar or their guardian for evidence submission. If the beggar is under five, they are forwarded to a court under the Children Act. A copy of the detention order is sent to the Chief Inspector.
If a person previously detained in a Certified Institution under this Act is found begging again, they shall be punished. On a second or subsequent conviction, the court orders ten years of detention in a Certified Institution, with up to two years potentially converted to imprisonment.
The court, which makes an order for the detention of any person in a Certified Institution under section 5 or section 6, may require the parent or the other liable person to contribute to their maintenance if able to do so. Before issuing such an order, the court must investigate the circumstances of the parent or liable person and record evidence in their presence. Any order made under this section may be varied by the court upon application by the liable party or otherwise. These orders can be enforced in the same manner as those under section 488 of the Code of Criminal Procedure, 1898.
The court, after ordering the detention of a person in a Certified Institution under section 5 or 6, may also order any wholly dependent person to be detained for a similar period, ensuring they are given an opportunity to show cause. If the dependent is a child, they will be dealt with under the Children Act. If the child is under five and the mother is able – bodied, they may remain together in detention.
CONCLUSION
It is clear that we do not have specific laws related to Busking in India and due to this, the artists are suffering a lot. The laws discussed above are general and the Bombay prevention of begging act, 1959 is problematic as it includes singing, dancing, performing etc. in the definition of begging which is not at all acceptable and provides imprisonment up to 2 years. The constitution (supreme law of the land) provides various rights to the Indian citizens. Article 19(1)(a) provides the right to freedom of speech and expression, Article 19(1)(g) gives the fundamental right to the citizens of India to practice any profession, Article 21 gives the Right to life and personal liberty. As per the current situation in India, we need specific Busking laws that can help the buskers to know their rights and if anyone tries to stop them, they can fight against the injustice and earn livelihood which is their fundamental right provided by the Indian Constitution.
AUTHOR Vridhi Saini, a student at University Institute of Legal Studies, Panjab University, Chandigarh
