Issue 62 Vol III, April 30, 2008

L A W  &  J U S T I C E

Gurbani broadcasting as commerce
Joginder Singh Toor

Institutions of great importance are created with vision maintained and preserved for perpetuity. The gurdwaras in Sikh religion have an institutional importance of divine nature. Harmandir Sahib, the Golden Temple is a place of high temporal and spiritual authority in the minds of the Sikhs. It is a seat of Sikh morals and religious thoughts. From all over the world believers of Sikhism visit Harmandir Sahib, listen to the Gurbani Kirtan and pay homage.

The modern information technology has made Gurbani listening possible through transmission anywhere in the world. The commercial interests look for the opportunities beyond devotion and broadcasting of Gurbani recitation, more commercial value than devotional. Business people have always a market angle in mind.

The Sikh Gurdwara’s having gone in the corrupt and immoral hands of Mohants and Massands, took lot of blood, limb and life of the Sikhs to regain their control. The 1922 Sikh Gurdwara Act having not served the purpose, the 1925 Act created an institution of vital importance, a governing board known as Shiromani Gurdwara Parbandhak Committee for the management and control of the Sikh gurdwaras.

The ETC net works approached the S.G.P.C. for granting and assigning all rights “to record, broadcast, telecast, webcast, stream or reproduce, live or recorded, audio visual, recitation of Gurbani from the Golden Temple at Amritsar to the whole world or any part there of for free to air or subscription based or any other kind of viewing through or any medium electronic or otherwise, including but not limited to television, satellite” which the S.G.P.C. agreed to grant on September 15,2000 by signing an agreement. The S.G.P.C. “represented” and “warranted” full powers and complete authority “and competence” to sign the agreement and assign the rights granted and agreed to “indemnify and keep safe and harmless at all times the company (ETC) against any “action’s claims or damages”.

The duration of the contract is 11 years and is irrevocable. The ETC was to pay rupees two crores initially and Rs. 50 lakh annually besides 10% of the revenue collected by Ads.

The contract on the face of it is favourable to the S.G.P.C, emanating huge income but it has layers under layers hiding real intentions  and commercial angle.

The revenue from advertisement is based on viewership. It being worldwide it is huge. Tata Sky a relaying company direct from satellite to home through dish is claiming right to broadcast Gurbani recitation from Harmandir Sahib which ETC is denying and is claiming some amount per viewer to be paid by TATA Sky which the later company is said to be bargaining at 7 to 9 rupees per viewer world over.

The revenue collected from advertisement is to be intimated by the Chartered Accountant of the ETC and the amount intimated is not to be questioned by the S.G.P.C.

The duration of 11 years has no nexus with the terms settled. It appears to be one sided contract, drafted by the company and signed by the S.G.P.C. without questioning or independent legal advice. The Guru Nanak Dev Universal Brotherhood Society has filed a petition in the Punjab and Haryana High Court challenging the contract alleging that contract is against public policy. It tantamount to sale of Gurbani to an agency, which is prohibited under the Sikh tenets. The Gurbani broadcasting is to be free, accessible to all, available to each broadcaster or agency. It opens the doors of Darbar Sahib to one channel and closes the same to others which is against concept of four doors.

The petitioners have gone to the extent of alleging that it is not known as to which account the money has been accounted for because the budget presented by the S.G.P.C. does not show the income from ETC but shows an expense of Rs.12, 80,000 on the matter. Nor there is any mention of any amount having been received against 10% of the revenue collected by ETC from advertisements.

Unconfirmed developments indicate that a news channel Punjab Today stopped broadcasts immediately after the present Akali Dal Government took over and P.T.C occupied the field. The ETC is said to have commercial tie up with Zee Turner and ETC’s rights virtually vest in Zee Turner and PTC. The consequential rights of broadcasting from Harmandir Sahib would also stand change of hands. Commercial angle of Gurbani Parsaran would become evident.

No doubt the modern technology can yield income to the S.G.P.C. but it cannot venture to curtail the rights of others as a result forcing the viewer to subscribe to a particular channel to listen the recitation from Harmandir Sahib. The religious affairs, the faith, the divinity and asceticism are to be kept above commercial angle. These are virtues to be imparted free and gratis. The S.G.P.C. can achieve it by charging royalty from all or any whosoever wants to broadcast free to the viewers.

[Joginder Singh Toor, Advocate, jogindersingh_toor@yahoo.com Mobile 91- 98151-33530]

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