Case Note & Summary
The dispute arose from the screening of the T.V. serial 'Tamas', based on a novel by Sree Bhisham Sahni, which depicted communal tensions before India's partition. The petitioner, a practicing advocate, sought a writ of prohibition against its screening, claiming it violated public order and fundamental rights under Articles 21 and 25 of the Constitution. The Bombay High Court had previously vacated a stay on the serial after viewing it, leading to the petitioner's appeal to the Supreme Court. The petitioner argued that the serial could incite communal violence and promote enmity among religious groups, citing specific scenes as provocative. Conversely, the respondents contended that the Censor Board had approved the serial for public exhibition, asserting that it conveyed a message of peace and coexistence. The Supreme Court analyzed the provisions of the Cinematograph Act, 1952, particularly Section 5B, which governs the certification of films. The court emphasized the importance of the Censor Board's unanimous approval and the need to judge the film's impact from the perspective of an ordinary reasonable person. Ultimately, the court found that the serial's portrayal of historical events served as a cautionary tale against violence and hatred, and it did not violate the petitioner's fundamental rights. The petition was dismissed, affirming the High Court's decision and the Censor Board's certification of the film.
Headnote
A) Constitutional Law - Fundamental Rights - Alleged Violation of Articles 21 and 25 - No violation found - Constitution of India, 1950, Articles 21, 25 - The court found no evidence of violation of fundamental rights as the screening of 'Tamas' was deemed to promote awareness of historical events rather than incite violence. Held that the petitioner’s concerns were unfounded (Paras 1024E-F). B) Cinematography - Censorship Standards - Approval of Censor Board - Cinematograph Act, 1952, Sections 5B - The court upheld the Censor Board's approval of 'Tamas', emphasizing that the unanimous decision of the examining committee must be respected, and the film's message was deemed constructive. Held that the film's screening was appropriate (Paras 1022C-D). C) Public Order - Impact of Film on Society - Cinematograph Act, 1952, Section 5B - The court ruled that the film's depiction of historical violence served as a lesson against communal hatred, thus not likely to disturb public order. Held that the film could foster understanding rather than incite violence (Paras 1023D).
Issue of Consideration
Whether the screening of the T.V. serial 'Tamas' violated the Cinematograph Act, 1952 and Articles 21 and 25 of the Constitution.
Final Decision
The Supreme Court dismissed the writ petition, affirming the Bombay High Court's decision and the Censor Board's approval of the film, finding no violation of Articles 21 and 25.
Law Points
- Cinematograph Act
- 1952
- Article 32
- Article 21
- Article 25
- public order
- communal harmony
- censorship standards
