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Judgment
N. Kirubakaran, J.
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These are films of yester years, this court could recollect. Such film titles would themselves suggest the value of the films. Those films literally
exhibited the importance of human relationship, family values, respect for elders, sentiments and feelings of fellow beings. Songs loaded with moral
values of the life, highlighting national integration, togetherness, brotherhood etc. were consciously projected as message in such films. Heroes
played good Samaritans. Those films usually exhibit Victory of good over the evil. Actors playing the role of Hero in those films, always portrayed
positive sentiments, like law-abiding, earnestness, hardworking, honesty, integrity, commitment to the right cause. In fine, the message conveyed
through such films were loud and clear viz., ""Values of life"". That was the reason why the heroes of the yester years were worshipped as IDOLS.
For example late Dr. M.G. Ramachandran was never shown to be drinking or smoking and consciously avoided such scenes for the sake of
public. It was with such austerity, the late Dr. M.G. Ramachandran decided his roles, and conveyed message of social importance. It would only
speak volumes about his social responsibility and that was why people crowned him as Chief Minister of Tamil Nadu in 1977 till his demise. The
good deeds done by the Heroes in the films used to be followed by the fans in real life and thereby the society got benefited. Cinema Industry
contributed 5 Chief Ministers to Tamilnadu and they have been ruling this State continuously from 1967 onwards (except during brief spells of
President Rule). In neighbouring Andhra Pradesh, late NTR was able to capture power in 1983 within nine months of formation of his party. This
would only demonstrate the tremendous impact of the cinema over the mass.
By the passage of time, social values became a casualty in films, Commerce encroached into ethics and values; Economics donned the Hero,
where virtues had no role to play. Antisocial activities, criminal acts are common in nowadays films which suggest that there is nothing wrong in
adopting illegal, violent and immoral ways and methods to achieve the desired results, which, in turn, may also be an illegality. The effect of the
most of these films is that the bad elements go Scot-free and unpunished. These films have got all materials to corrupt, deprave the minds of the
people especially younger minds with immoral values. It is appalling to note, that all the changes are happening under the nose of Censor Board,
which is supposed to examine the film before permitted for public exhibition. It is one of the reasons for raise in crime rate in our country, as the
people used to imitate their heroes. It is reported in media that a fan of a popular hero in Andhra Pradesh became addict to alcohol after seeing the
advertisement featuring his hero taking liquor. Realising the mistake, he filed a consumer case against the said hero. The above case only indicates
that more social obligations and responsibilities are cast upon the actors especially leading Heroes who have large fans, to think twice before doing
antihero roles which will induce and encourage negative message. Apart from making money, the leading actors have obligations and
responsibilities to the people. As most of the youngsters consider their heroes as their ""Role Models"" the actors are duty bound to give positive
message.
Portraying of gentle love in celluloid is bygone days. It is told in crude manner in majority of the films with a few exceptions. Negative titles,
verbal violence, brutality in scenes, negative message are common in the films. Isolated bad/unsavoury incidents occurring in the society rarely and
individual perversions are made subjects of the films and shown as if they are general happenings in the society. Often criminals commit crimes
taking clues from the recent films. It is reported in the newspaper that in one case the accused confessed that they sprinkled chilly powder in the
scene of crime to avoid get caught by sniffing dogs and they got the clue from a popular ""Tamil Movie"". About 2 decades ago, the accused
committed many murders after seeking the film
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Apart from entertaining the public cinema is a powerful medium. During pre-independence period, patriotism was spread by cinema. After
independence, cinema acted as medium by which social and political changes have been achieved. Social values, morality, decency, ethical were
hall marks of the films. Such a dynamic medium has been made pure business today. Like any other business, it has become cut throat divorcing
itself from the social obligations and moral values. To achieve commercial success, scenes with mindless violence are exhibited. As a whole many
movies try to corrupt human minds especially impressionable adolescent people by violent, horrible, obscene and cruel scenes. In the result, the
victim is the society.
Though cinema is a business, it should do public good, or atleast it should not corrupt or dehumanise the people. Hollywood Film makers like
late Hitch Cock had the foresight to know the effect of the movie on the common man. It was reported in the media that Hitch cock made the film
Psycho"" in colour. In one scene, a person was murdered and the blood oozed outflow in the drainage. After seeking the rushes, understanding the
effect of the scene, Hitch Cock made the film in black and white to avoid gory and horrible effect of the movie. Such was the greatness of Hitch
cock who is known for his thriller movies. This court expects the film makers to exhibit some degree of such responsibility exhibited by Hitch Cock
in the interest of society.
Success of the films depends upon the title of the movie and the title should also disclose the subject of the movie. Popular films laid stress on
true values of life, relationship, love, patriotism in celluloid. However, nowadays even titles of the films got changed and they themselves suggest
violence, vulgarity etc.
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These are all a few titles of recent movies. Names of the Notorious criminals have been used as titles and the sad part is that roles are played by
popular Heroes. Hence, the concerned persons, especially, heroes, the producers and directors should be careful enough to have good titles for
the movies. which do not create any controversy by affecting sentiments of the people.
Since the subject matter is a movie, considering the status of the Cinema industry, this Court makes this analysis to decry about some of the
movies which have materials to glorify and justify violence, illegal acts and likely to incite commission of offences and degrade cultural, moral values
of the society and unnecessarily criticise/ridicule a sections of the society or group of persons and make subjects of fun.
Here is a case, wherein, the petitioner association challenges U/A certificate issued by the Censor-board to the film titled as
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(Madisar Mami). The petitioner''s association contends that the film namely
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would exhibit obscene, un-cooth, defamatory scenes chiding and making mockery about the traditional and religious practices of Brahmins.
Madisar"" is a traditional way of saree dressing by Brahmin ladies. The way of dressing is criticised and the Brahmin women wearing the traditional
dress is fond of having sadistic and vulgar desire. If the film is exhibited with the above scenes, the Brahmin community would be denigrated,
defamed and degraded in the eye of public. Their traditional, cultural and religious practices, which have been followed by them from time
memorial cannot be subject matter of ridicule, mockery and humor.
The petitioner would submit that original film was titled as
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Though the film''s title got changed and
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was deleted,
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is retained. Even though
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is directed to be deleted, in the internet, the same title viz.
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is retained. It is pointed out that pictures downloaded from internet, would show that a lady who dresses in traditional
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and the hero who wears the traditional dhoti indulging in sexual acts. Relying upon the provisions of Cinematograph Act and Rules and also
referring to the photographs, title of the movie, the petitioner sought for injunction prohibiting the release of Movie ""Madisar Mami"" which has been
given U/A certificate by Censor Board.
The scenes downloaded from the internet, particularly the hero who dressed up in traditional Brahmin style (Panchakacham) consumes liquor
and dances with a vampire in the same dress. Any community whether it is so called lowest caste or upper caste cannot be subject of mockery.
Originally the film is stated to be titled as
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(Madisar Mami Madhana Mama) and then
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(Madhana Mama) has been deleted. However in the internet scenes the same title still remains. Though the contents of the entire movie is not
known, it appears that the title of the movie itself as stated above, is degrading and denigrating. Hence an order of interim injunction restraining
respondents 3 to 6 from releasing the film with the title ""Madisar Mami"" is granted. However it is open to the respondents 2 to 6 to change the title
of the movie and release the movie.
The present matter touches upon the role of Censor Board. Many controversies are raised by recent films involving right of expression and
public peace. Days of tolerance have gone and every section of the society has become very sensitive/hypersensitive and they are not even able to
tolerate even necessary dialogues in the films which, some times, are considered as unwanted criticism about a particular community or religion or
sex. Intolerance to criticism only creates unrest in the society. Therefore the role of the Censor Board has to be more responsible. However, the
way in which mindless violence, brutality is exhibited and criminals are glamorised, glorified and criminal acts and vulgarity and obscenity are
justified in many movies, it is very difficult to believe as to whether the Censor Board functions or not. Scenes justifying illegal, violent means to
achieve success are common in the films which is contrary to Guideline No. 2 of for certification of film for public exhibition (SO 836 (E), dated
6.12.1990). The said guidelines read as follows:
In pursuance of the above objectives, the Board of Film Certification shall ensure that-
(i) anti-social activities such as violence are not glorified or justified;
(ii) the modus operandi of criminals, other visuals or words likely to incite the commission of any offence are not depicted;
(iii) scenes-
(a) showing involvement of children in violence as victims or as perpetrators or as forced witnesses to violence, or showing children as being
subjected to any form of child abuse;
(b) showing abuse or ridicule of physically and mentally handicapped persons; and
(c) showing cruelty to or abuse of, animals are not presented needlessly. (iv) pointless or avoidable scenes of violence, cruelty and horror,
scenes of violence primarily intended to provide entertainment and such scenes as may have the effect of desensitising or dehumanising people are
not shown;
(v) scenes which have the effect of justifying or glorifying drinking are not shown;
(vi) scenes tending to encourage, justify or glamorise drug addiction are not shown;
(via) scenes tending to encourage, justify or glamorise consumption of tobacco or smoking are not shown;
(vii) human sensibilities are not offended by vulgarity, obscenity or depravity;
(viii) such dual meaning words obviously cater to baser instincts are not allowed;
(ix) scenes degrading or denigrating women in any manner are not presented;
(x) Scenes involving sexual violence against women like attempt to rape, rape or any form of molestation, or scenes of a similar nature are avoided,
and if any such incident is germane to the theme, shall be reduced to the minimum and no details are shown;
(xi) scenes showing sexual perversions shall be avoided and if such matters are germane to the theme, they shall be reduced to the minimum and no
details are shown;
(xii) visuals or words contemptuous of racial, religious or other groups are not presented;
(xiii) visuals or words which promote communal, obscurantist, antiscientific and anti-national attitudes are not presented;
(xiv) friendly relations with foreign States are not strained;
(xvii) public order is not endangered;
(xviii) visuals or words involving defamation of an individual or a body of individuals, or contempt of court are not presented;
Explanation: Scenes that tend to create scorn, disregard of rule or undermine the dignity of court will come under the term ""contempt of court"", and
(xiv) National symbols and emblems are not shown except in accordance with the previsions of the Emblems and Names (Prevention of Improper
Use) Act, 1950 (12 of 1950).
When above is the position, this Court is unable to understand as to how the films with brutality mindless violence, vulgarity and scenes which
incite commission of offence are given Censor Certificates and allowed to exhibit in total contravention of guidelines. It only raises doubts about the
proper functioning of Censor Boards. When multilingual, multi religious groups constitute vast Indian population, the role of Censor Board has to
be very responsible. Cinema industry wielding enormous influence over the masses is a powerful tool of propagation by itself, apart from being in
commerce, the industry should also be infused with the social responsibility, which responsibility rest in the governance of Censor Board.
Therefore, this court suggests that the authorities especially for the first respondent to make amendments to Cinematograph Act and Rules and
make strict regulations taking into consideration of the effect of modern films and the realities in the society. Moreover, responsible persons with
commitment, vision are required to be appointed as Censor Board members. Political background should not be a consideration for appointment.
The members are required to carry out the statutory functions with responsibility. Therefore, the first respondent Information Ministry is directed to
give its response to the above suggestion. Interim injunction restraining the respondents 3 to 6 from releasing the movie with title ""Madisar Mami
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However it is open to the respondents 3 to 6 to change the above title and release the movie. Notice returnable by 12.6.2013. Private notice is
also permitted.