Judicial Expansion Of Moral Rights: The Precedential Impact Of Amar Nath Sehgal V. Union Of India On India's Copyright Jurisprudence
- IJLLR Journal
- Dec 23, 2025
- 2 min read
Akil A, Jindal Global Law School
ABSTRACT
The paper delves into the important case of Amar Nath Sehgal v. Union of India (2005) and analyses the impact on moral rights which is defined under section 57 of the Copyright Act, 1957.this case upheld authorial dignity and cultural preservation over institutional ownership. It also incorporated international norms such as the Berne Convention and UNESCO frameworks. This legal perspective is reflected in the 2012 Amendment of the act which recognition of perpetual moral rights. This case actually established India as a progressive jurisdiction which safeguards cultural heritage through protection of creator’s moral rights.
Moral rights are intended to protect an author's intrinsic interest in attribution and integrity, showing that he or she continues to have some connection to their products of imagination other than mere economic ownership. The court adjudged that destruction of an artwork amounts to the "extreme form of mutilation" according to Section 57 of the Copyright Act, 1957. This seminal judgment widened the ambit of protection under moral rights by including reputation of the artist and his cultural heritage within the copyright law. This paper will examine how Sehgal's precedential influence has shaped India's distinctive moral rights regime and implications thereof.
BACKGROUND
The core provisions for moral rights are found under Section 57 of the Copyright Act 1957, which recognizes these rights as an ‘author’s special right’. This designation emphasizes the importance of the creator’s genius and aims to protect social interest. Indian courts have upheld these claims, recognizing authors’ personal, social, and cultural rights associated with their creative works. The moral rights under the Indian Copyright Act 1957 (the Act) represents a gradual, iterative, and author-friendly evolution. It is because of India's national cultural perspectives and its obligations under international conventions which includes Berne Convention and the WIPO Treaties.
