New Delhi: Ten lawyers have written a letter to the Ministry of Home Affairs on Thursday, asking for the cancellation of Canadian actor and performer Nora Fatehi’s work permit and her deportation from India over her latest Sarke Chunar Teri Sarke song. The lawyers also addressed their signed letter to the Ministry of Information and Broadcasting, the Central Board of Film Certification, the Ministry of Electronics and Information Technology, and the National Commission for Women.
“It is respectfully submitted that Ms. Nora Fatehi has been consistently misusing the privilege of her stay in India by actively participating in, promoting, and disseminating content that is obscene, vulgar, sexually suggestive, and deeply offensive to public morality, the dignity of women, and the sensibilities of Indian society, including children and young persons,” reads the letter.
The letter evoked section 3 of the Foreigners Act, 1946, which gives the central government the power to make orders with respect to foreigners, including orders directing their departure from India, and the Foreigners Order, 1948, which provides for conditions of visa and grounds of deportation, including conduct prejudicial to public order and decency.
The song Sarke Chunar Teri Sarke from KD: The Devil, featuring Sanjay Dutt and Fatehi, triggered online criticism and legal action over its lyrics after the song was released on YouTube on 14 March. The lyrics, written by Raqueeb Alam, have phrases, supposedly about a beer bottle, like “Pehle uthale, andar wo daale (First he lifts and puts it in)”, which have been called out for crude double meaning and graphic sexual innuendos.
Nora Fatehi’s apology
The letter points out that the Indian work visa is a privilege, not a right, and that a foreign national who engages in conduct that is injurious to public order, decency, or morality may have their visa cancelled and be deported from India under the Foreigners Act, 1946, the Passport (Entry into India) Act, 1920, and relevant visa regulations of the Ministry of Home Affairs.
“Further, the Song also violates the provisions of Sections 294, 296, and 79 of the BNS and Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986. The publication and release of the Song in public domain constitutes an offence punishable under Section 67 of The Information Technology Act, 2000,” reads the letter.
The letter listed multiple effects of the song, performed by a foreign national, which includes promotion of obscenity and vulgarity in violation of Indian law, sexual objectification and commodification of women, undermining their dignity, and the normalisation of misogynistic and sexually degrading narratives.
In an Instagram video Wednesday, Fatehi addressed the backlash to the song and claimed that she recorded the Kannada version of the song three years ago, and it was later used in a Hindi song, without her consent. The letter also argues against Fatehi’s video, calling her claims a ‘self-serving afterthought’.
“An accused cannot simultaneously claim the benefits of a performance (remuneration, fame, and public visibility) while disclaiming all responsibility for its content. Second, the fact that the lyrics may have been generated by an Artificial Intelligence tool does not extinguish criminal liability; the law fastens liability upon the human beings who commission, approve, adopt, perform, produce, and disseminate such content, regardless of the instrument or tool used in its creation,” reads the letter.
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NCW summons
The National Commission for Women Thursday issued summons to actress Nora Fatehi, actor Sanjay Dutt and others over the song. “The National Commission for Women, in exercise of its powers under the NCW Act, 1990, has taken suo motu cognizance of media reports alleging obscenity and vulgarity in the song ‘Sarke Chunar Teri Sarke’,” the Commission posted on X.
The NCW has also summoned lyricist Raqueeb Alam, producer Venkat K Narayana of KVN Group, and Kiran Kumar to appear before it on 24 March. They have been asked to be present along with relevant documents, the Commission said.
“Failure to appear may invite appropriate action as per law,” it added.
Meanwhile, filmmaker Prem and singer Mangli also issued apologies for the song. Prem shared a video on his Instagram and spoke in Kannada. “I did not intend to write a vulgar song or to hurt anybody’s feelings. I do not know how people have understood it,” he said, adding that the lyrics will be changed. Mangli shared her apology on her Instagram story.
(Edited by Saptak Datta)