Case Comment: Amar Nath Sehgal Vs. Union Of India
- IJLLR Journal
- Nov 10
- 1 min read
Mayank Upadhyay & Prateek Saxena, BBA LLB (Delhi Metropolitan Education, GGSIPU)
INTRODUCTION
“An artist’s creation is not merely the art of work; it is a piece of his soul cast into form.”
The ruling of “Amar Nath Sehgal vs. Union of India (2005)” stands as the milestone for the protection of artist’s moral rights under the Indian Copyright Law. It emphasised on the sanctity of moral rights and eternal bond between artist and his creation. It reflects that law not only protect the economic or material rights but also the dignity, emotions and spiritual connection of artist with his work. This case arose when a magnificent bronze mural created by renowned artisan, Amar Nath Sehgal got demolished by Government of India without the artist consent. This act was not just a physical demolition but also a deep wound to the artistic integrity and dignity. Through this historic verdict, Delhi High Court makes moral rights eternal and inseparable from the creator, this exists even beyond the ownership and contract. This judgement reaffirmed that art is divine and creator’s spirit always be preserved with honour.
BRIEF INFORMATION OF THE CASE
Case: “Amar Nath Sehgal vs. Union of India (2005)”
Citation: “2005 (30) PTC 253 (Del)”
Court: Delhi High Court
Judge: “Justice Pradeep Nandrajog”
Date of Judgement: 21st February 2005
Petitioner: Amar Nath Sehgal
Respondent: Government of India
