the tribunal that the riots are how
history, and therefore, be forgotten by public to avoid repetition of such cruel acts.
It is when the hour of conflict is over it may be necessary to understand and
analyze the reason for strife. We should not forget that the present state of things
is the consequence of the past; and it is natural to inquire as to the sources of the
good we enjoy or for the evils we suffer.”
Allowing the film, „Aakrosh‟, the Bombay High Court aptly reasoned that riots
were a part of history by then and hence:
“When the hour of conflict is over it may be necessary to understand and analyze
the reason for strife. We should not forget that the present state of things is the
consequence of the past; and it is natural to inquire as to the sources of the good
we enjoy or for the evils we suffer”. 146
In another case, while overruling the FCAT‟s order to censor the movie, „Chand
Bujh Gaya‟, the Bombay High Court in F.A. Picture International v. Central
145 (2004)5BOM CR 214.
146 Ramesh Pimple v. Central Board of Film Certification,( 2004) 3 MAH LJ 746, 750.62
Board of Film Certification147 opined: “Censorship in a free society can be
tolerated within the narrowest possible confines and strictly within the limits
which are contemplated in a constitutional order.”
The feature film „Chand Bujh Gaya‟ dwelled on the travails of a young couple, a
Hindu boy and a Muslim girl, whose friendship and lives are torn asunder in riots
in the State of Gujarat.
The court strongly criticized the role of the concerned authorities:
“The view of the censor does no credit to the maturity of a democratic society by
making an assumption that people would be led to disharmony by a free and open
display of a cinematographic theme. The certifying authority and the Tribunal
were palpably in error in rejecting the film on the ground that it had characters
which bear a resemblance to real life personalities. The constitutional protection
under Article 19(1)(a) that a film maker enjoys is not conditioned on the premise
that he must depict something which is not true to life. The choice is entirely his”.
What weighed with the CBFC and FCAT was that the film depicted gruesome
communal violence, which, they felt would foment communal disharmony. The
CBFC further held that “the Gujarat violence is a live issue and a scar on national
sensitivity. Exhibition of the film will certainly aggravate the situation”.
The Bombay High Court reversed both the decisions of the CBFC and FCAT. It
observed that dissent was the quintessence of democracy and that “those who
question unquestioned assumptions contribute to the alteration of social norms.
Democracy is founded upon respect for their courage. Any attempt by the State to
clamp down on the free expression of opinion must hence be frowned upon”.
It was then observed; that “films which deal with controversial issues necessarily
have to portray what is controversial. A film which is set in the backdrop of
communal violence cannot be expected to eschew a portrayal of violence”.
147 (2005) AIR BOM 145.63
In Da Vinci controversy as well, the Supreme Court rejected the writ petition by
the All India Christians Welfare Association seeking a ban on the movie on the
ground that it hurt the religious sentiments of Christians. The court found no point
of objection when the Censor Board and the Central Government has given a
green signal. It also held that that no predominantly Christian country had banned
the film and there has been no definite reason forwarded by the petitioners to ban
the movie in India.148 In the States of Andhra Pradesh,149Kerala150and Tamil
Nadu,151the respective High Courts quashed the bans imposed by the State
Governments and also imposed costs on the governments. Upholding the right to
freedom of speech and expression, the Courts found the act of Governments
„irrational‟ and „unconstitutional‟. They were of the opinion that the bans were
imposed mechanically due to the veto of a few sections of people who objected
rather than arriving at a decision based on informed satisfaction.
In all those cases of Da Vinci, it was alleged that the film violated inter alia,
Article 25 of the Constitution with respect to the Christian community.152
Particularly in the case of Tamil Nadu, the Madras High Court was of the opinion
that for a harmonious interpretation of Articles 25 and 19, it is clear from a
reading of those provisions that the rights under Article 25 are subject to the other
provisions of Part III; which means they are subject to Article 19(1). It was also
not clear before the court how the exhibition of the film will interfere with
anyone‟s freedom of conscience or the right to profess, practice and propagate a
particular religion.
