Recognising the rights of street buskers will help them earn livelihood, preserve local art forms, promote tourism
Published Date – 27 May 2024, 11:56 PM
By Ghanshyam Sharma
As more Indians migrate to urban areas, policymakers face the challenge of finding cost-effective ways to improve the urban experience for people. The government can improve the city experience by encouraging street buskers. Such a policy change will protect the livelihood of local artistes, promote traditional art forms and make the city more lively.
Street buskers have used the streets as a platform to entertain and enchant people worldwide. Ed Sheeran, Pierce Brosnan, Robin Williams and Steve Martin are some of the contemporary Western celebrities who started as street buskers and continue to captivate global audiences.
Potential of Busking
Several studies suggest that the presence of street buskers makes the streets more friendly for people. For example, surveys conducted in Stockholm, New York City, Santa Monica, Hong Kong, Bath, and several other cities suggested that people felt that street performers create intimacy and allow people to feel comfortable and safe. They also provide citizens with low-cost live entertainment. Hence, street performers enrich the city experience for its inhabitants and tourists.
Therefore, several major cities around the world have realised the potential of street busking to improve the well-being of citizens and attract tourists. For example, London recognised the popularity of busking among visitors and made regulations to encourage busking. Istanbul legalised busking in ferries after 80 per cent of the respondents in a survey conducted by the government supported the idea. Dublin sells permits to busk in designated public spaces. In Hong Kong, the Basic Law Article 34 protects street performers. The cities of Barcelona, Melbourne and Toronto issue a licence for street performers to perform in designated spots. In the United States, the courts have protected street buskers by citing the First and the Fourteenth Amendments. Several cities in the US encourage street buskers.
Indian Context
Unfortunately, India is an aberration in international practices in the context of street buskers. Civic authorities and the police harass street buskers and discourage them from performing in public spaces. The harassment of street buskers persists because buskers are not recognised or protected by any law despite several constitutional provisions for their protection. For example, Article 21 protects the right to life and personal liberty, Article 19(1a) protects the freedom of speech, and Article 19(1g) protects the freedom to trade.
Despite these constitutional provisions and after 77 years of independence, street buskers continue to be governed by colonial legacy laws. For example, the British introduced the Dramatic Performances Act in 1876 to prohibit street buskers in response to the growing dissent among the natives against colonial rule. The British government prohibited street buskers because of the latter’s contribution to social resistance against colonial rule.
In the absence of any legal framework for street buskers in India, authorities equate busking with begging and use the Prevention of Beggary Act 1959 against them
In the absence of any legal framework for street buskers, public authorities equate busking with begging and use the Prevention of Beggary Act 1959 to harass and shoo away buskers on account of inconvenience or public safety. In 2018, the Delhi High Court decriminalised begging in Delhi. However, buskers continue to face harassment in the national capital.
The current status of street buskers is unfortunate because India has rich and diverse art forms which reflect its linguistic, religious and ethnic diversity. However, most marginalised people do not have platforms for their art as they do not find space in the entertainment industry or traditional theatres. Local artistes often do not get conventional platforms to showcase their talent. Therefore, they turn to streets to attract and charm audiences. It is plausible that we have already lost several art forms and risk losing the ones that have survived.
As several studies suggest, street buskers improve the city experience and contribute to the economy by promoting domestic and international tourism. They can also boost India’s soft power and global recognition. In India, people have limited options for relaxation outside of their homes. Street artistes can increase the alternatives available to people for entertainment. They can also keep local art forms alive by enthralling people with traditional music.
Alternative Platforms
Street busking can contribute to the diversity and democratisation in the art and entertainment forums. The entertainment industry in India is relatively homogeneous and does not appropriately reflect its diversity. The entertainment space is also dominated by a few leaders and restricted to some regions like Mumbai, Hyderabad and Chennai. Street busking spots in cities will create alternative platforms for artistes while legal recognition will give space to new artistes to showcase their talent.
Buskers can also contribute to inclusiveness in the city by providing cost-effective live entertainment to people in open public spaces. Such spaces in the city can create an environment where people from different socioeconomic backgrounds can connect while appreciating local artistes. Such an experience will provide a more equitable environment compared with expensive closed-door theatres and concerts restricted to elites.
Street busking is also a source of livelihood for several communities such as the Kathputli Colony in Delhi. Indifferent laws and hostile authorities threaten the livelihood of these communities. Ghegholi village in the Alwar district of Rajasthan was a community of artistes, singers and performers. However, when the laws turned hostile and their trade was no longer recognised, the women had to take refuge in prostitution for the survival of their families. Several studies suggest that employment opportunities are declining across the globe, including India. Recognising the rights of street buskers can improve livelihood opportunities.
A pragmatic approach to regulating street busking is designating and auctioning some spots in the city where street buskers can perform and entertain. By improving the city experience in India, street buskers can play a role in arresting a substantial decline in international tourists to India. They can be integrated into the Ministry of Tourism’s Iconic Tourism Destinations initiative worth Rs 5,294 crore to attract tourists.
Legal recognition will allow street buskers to earn their livelihood, preserve local art forms, promote tourism, create cheaper and alternative sources of entertainment and generate additional revenue for the local governments.
Ghanshyam Sharma
(The author is Research Lead at the Centre for Civil Society, New Delhi)
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