Octogenarian Lawyer Approaches Bombay HC Seeking Permission To Translate Devout Gandhian's Autobiography

Lawyer Anilkumar Karkhanis said he intended to publish the book titled "The Spirit's Pilgrimage" in Marathi, not for any commercial gain but in public interest. He has approached the court under section 32 of the Copyright Act 1957 for permission as the original publishers are untraceable.

In an October 11, 2022 order Justice Manish Pitale directed the Registrar of Copyrights to publish a notice and posted the petition for further consideration in November.

Mira Behn was a staunch supporter of India's Independence movement. In the 1920s she left home in England to join Mahatma Gandhi and devoted her life to promoting Gandhian principles.

According to the petition, Mira Behn's autobiography was published in India in the year 1960 by Orient Longman Private Limited and in Great Britain by the publisher Longmans, Green & Co. Mira Behn passed away on July 20, 1982.

Through Advocate Amit Jamsandekar, Karkhanis submitted that since the book was published in the 1960s, all the conditions for grant of a license under section 32 of the Act are satisfied. This includes: the book was published first in India, it was published more than 7 years prior to the petition being filed and thirdly, that the petition/application is being moved in the prescribed form. Moreover, Karkhanis was ready to pay royalty to the person entitled.

The petitioner further submitted that the plea details the efforts made to trace the original publishers. While it was found that an "abridged version" was translated by one Ranga Marathe and it was published by Kirloskar Press, Mukund Nagar, Pune none of the two exist today.

"In view of the material placed on record and upon hearing the learned Counsel for the petitioner, this Court is satisfied that notice as contemplated under Rule 33 of the aforesaid rules ought to be issued for considering the prayers made in the present case," Justice Pitale observed in the order.

The bench subsequently ordered a notice to be issue in the Copyright Journal as well as in two newspapers. The matter will now be listed for further consideration on November 15, 2022.