Bombay High Court Grants License To 83-Yr-Old Lawyer To Translate Mahatma Gandhi’s Devout Disciple Mira Ben’s Autobiography In Marathi

The Bombay High Court has granted an 83-year-old lawyer the license to translate and publish the autobiography of devout Gandhian - Madeleine Slade also known as Mira Behn in Marathi.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.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.“This Court has perused the literary work of which the petitioner is seeking licence to translate. This pertains to the autobiography of Madeleinen Slade also known as Mira Behn, who was actively involved and assisted Mahatma Gandhi during India’s freedom struggle. This Court is convinced that grant of licence to the petitioner translating the aforesaid literary work would indeed serve the interest of general public, thereby showing that requirement of Rule 34(4) of the said Rules is satisfied,” the order read. 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.The court took the petitioner’s undertaking on record that he would deposit the Royalty in the High Court, if and when any person raises a claim in that regard.Through Advocate Amit Jamsandekar, Karkhanis had 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 had 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.Last October the Justice Pitale had observed that a prima facie case was made out directed the Registrar of Copyrights to publish a notice as per Rule 33 regarding prayers in the petition. “There is no dispute about the fact that a period of more than 120 days has passed after publication of the aforementioned notices and there is no objection raised by any person.”Case Title: Anil G. Karkhanis vs Kirloskar Press and anotherCitation: 2023 LiveLaw (Bom) 154Click Here To Read/Download Order

Bombay High Court Grants License To 83-Yr-Old Lawyer To Translate Mahatma Gandhi’s Devout Disciple Mira Ben’s Autobiography In Marathi

Sharmeen Hakim

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