VERY IMPORTANT POINTS
1. Film "Bandit Queen" condemns rape and the degradation of and violence upon women by showing their effect upon a village child, transforming her to a cruel dacoit obsessed with wreaking vengeance upon a society that has caused her so much psychological and physical hurt, and the scenes of nudity and rape and the use of expletives, so far as the Tribunal had permitted them, were in aid of the theme and intended not to arouse prurient or lascivious thoughts but revulsion against the perpetrators and pity for the victim.
2. A film that illustrates the consequences of a social evil necessarily must show that social evil and the depiction must be just sufficient for the purpose of the film.
3. The guidelines issued under the Cinematograph Act permit scenes of sexual violence against women, reduced to a minimum and without details, if relevant to the theme and what that minimum and lack of details should be is left to the good sense of the certification authorities, to be determined in the light of the relevance of the social theme of the film.
4. The Appellate Tribunal constituted under Section 5D of the Cinematograph Act, is a multi member body is comprised of persons who gauge public reactions to films and, except in cases of stark breach of guidelines, should be permitted to go about its task.

Headnote:(i) Cinematograph Act, 1952-Sections 5B, 5C-Cinematographic (Certification) Rules 1983-Rule 24(1)-Certificate of exhibition awarded to film Bandit Queen -Film was granted an A certificate-Film had been scrutinised by Tribunal-Writ Petition to quash certificate and to restrain its exhibition in India-Allowed-Certificate granted to the film quashed-High Court holding that the scene of violent rape was disgusting and revolting and it denigrated and degraded women-Use of expletives was directed to be delected-Frontal nudity scene were held to be offending guidelines in para 2(ix), 2(xi) and 2(vii)-Appeal-Whether judgment under appeal is sustainable ?-(No)-It does not take due note of theme of film-Scenes of nudity and rape and use of expletives, so far permitted, were in aid of theme-Tribunal viewed the film in true perspective and had, in compliance with requirements of guidelines, granted an A certificate subject to conditions it stated-A film that illustrates consequences of a social evil necessarily must show social evil.
       Held : The guidelines aforementioned have been carefully drawn. They require the authorities concerned with film certification to be responsive to the values and standards of society and take note of social change. They are required to ensure that "artistic expression and creative freedom are not unduly curbed". The film must be "judged in its entirety from the point of view of its over-all impact". It must also be judged in the light of the period depicted and the contemporary standards of the people to whom it relates, but it must not deprave the morality of the audience. Clause 2 requires that human sensibilities are not offended by vulgarity, obscenity or depravity, that scenes degrading or denigrating women are not presented and scenes of sexual violence aganist women are avoided, but if such scenes are germane to the theme, they be reduced to a minimum and not particularised. (Para 17)
       The guidelines are broad standards. They cannot be read as one would read a statute. Within the breadth of their parameters the certification authorities have discretion. The specific sub-clauses of clause 2 of the guidelines cannot overweigh the sweep of clauses 1 and 3 and, indeed, of sub-clause (ix) of Clause (2). Where the theme is of social relevance, it must be allowed to prevail. Such a theme does not offend human sensibilities nor extol the degradation or denigration of women. It is to this end that sub-clause (ix) of clause 2 permits scenes of sexual violence aganist women, reduced to a minimun and without details, if relevant to the theme. What that minimum and lack of details should be is left to the good sense of the certification authorities, to be determined in the light of the relevance of the social theme of the film. (Para 18)
       Further held : Bandit Queen is the story of a village child exposed from an early age to the brutality and lust of man. Married off to a man old enough to be her father she is beaten and raped. The village boys make advances which she repulses; but the village Panchayat finds her guilty of the enticement of a village boy because he is of high caste and she has to leave the village. She is arrested and, in the police station, filthily abused. Those who stand bail for her do so to satisfy their lust. She is kidnapped and raped. During an act of brutality the rapist is shot dead and she finds an ally in her rescuer. With his assistance she beats up her husband, violently. Her rescuer is shot dead by one whose advances she has spurned. She is gang-raped by the rescuer s assailant and his accomplices and they humiliate her in the sight of the village: a hundred men stand in a circle around the village well and watch the humiliation, her being stripped naked and walked around the circle and then made to draw water. And not one of the villagers helps her. She burns with anger, shame and the urge for vengeance. She gets it, and kills many Thakurs too. (Para 19)
       It is not a pretty story. There are no syrupy songs or pirouetting round trees. It is the serious and sad story of a worm turning: a village born female child becoming a dreaded dacoit. An innocent who turns into a vicious criminal because lust and brutality have affected her psyche so. The film levels an accusing finger at members of society who had tormented Phoolan Devi and driven her to become a dreaded dacoit filled with the desire to revenge. It is in this light that the individual scenes have to be viewed. (Paras 20 & 21)
       Consequently held : The scene where she is humiliated, stripped naked, paraded, made to draw water from the well, within the circle of a hundred men. The exposure of her breasts and genitalia to those men is intended by those who strip her to demean her. The effect of so doing upon her could hardly have been better conveyed than by explicitly showing the scene. The object of doing so was not to titillate the cinema-goer s lust but to arouse in him sympathy for the victim and disgust for the perpetrators. The revulsion that the Tribunal referred to was not at Phoolan Devi s nudity but at the sadism and heartlessness of those who had stripped her naked to rob her of every shred of dignity. We do not censor to protect the pervert or to assuage the susceptibilities of the over-sensitive. Bandit Queen tells a powerful human story and to that story the scene of Phoolan Devi s enforced naked parade is central. It helps to explain why Phoolan Devi became what she did : her rage and vendetta against the society that had heaped indignities upon her. (Para 22)
       The rape scene also helps to explain why Phoolan Devi became what she did. Rape is crude and its crudity is what the rapist s bouncing bare posterior is meant to illustrate. Rape and sex are not being glorified in the film. Quite the contrary. It shows what a terrible, and terrifying, effect rape and lust can have upon the victim. It focuses on the trauma and emotional turmoil of the victim to evoke sympathy for her and disgust for the rapist. (Para 23)
       In sum, we should recognise the message of a serious film and apply this test to the individual scenes thereof : do they advance the message ? If they do they should be left alone, with only the caution of an A certificate. Adult Indian Citizens as a whole may be relied upon to comprehend intelligently the message and react to it, not to the possible titillation of some particular scene. (Para 25)
       Finally held : A film that illustrates the consequences of a social evil necessarily must show that social evil. The guidelines must be interpreted in that light. No film that extols the social evil or encourages it is permissible, but a film that carries the message that the social evil is evil cannot be made impermissible on the ground that it depicts the social evil. At the same time, the depiction must be just sufficient for the purpose of the film. The drawing of the line is best left to the sensibilities of the expert Tribunal. The Tribunal is a multi-member body. It is comprised of persons who gauge public reactions to films and, except in cases of stark breach of guidelines, should be permitted to go about its task. (Para 26)
       The Tribunal had viewed the film in true perspective and had, in compliance with the requirements of the guidelines, granted to the film an "A" certificate subject to the conditions it stated. We think that the High Court ought not to have entertained the 1st respondent s writ petition impugning the grant of the certificate based as it was principally upon the slurs allegedly cast by the film on the Gujjar community. We find that the judgment under appeal does not take due note of the theme of the film and the fact that it condemns rape and the degradation of and violence upon women by showing their effect upon a village child, transforming her to a cruel dacoit obsessed with wreaking vengeance upon a society that has caused her so much psychological and physical hurt, and that the scenes of nudity and rape and the use of expletives, so far as the Tribunal had permitted them, were in aid of the theme and intended not to arouse prurient or lascivious thoughts but revulsion against the perpetrators and pity for the victim. (Para 28)
       (ii) Cinematograph Act, 1952-Section 5-B-Guidelines issued under, as revised in 1991-Film certification-Authorities concerned are required to be responsible to the values and standards of society and take note of social change-Film must be judged in its entirety from point of view of its over-all impact-Guidelines are broad standards-Scenes of sexual violence against women permitted to be reduced to a minimum and without details if relevant to the theme-A film that carries message that social evil is evil cannot be made impermissible on ground that it depicts the social evil-Tribunal, except in cases of stark breach of guidelines, should be permitted to go about its task. (Paras 17, 18, 26)

JUDGMENT

Bharucha, J.-Special leave granted.

2. These appeals impugn the judgment and order of a Division Bench of the High Court of Delhi in Letter Patent appeals. The Letters Patent appeals challenged the judgment and order of a learned single Judge allowing a writ petition. The Letters Patent appeals were dismissed, subject to a direction to the Union of India (the second respondent). The writ petition was filed by the first respondent to quash the certificate of exhibition awarded to the film "Bandit Queen" and to restrain its exhibition in India.

3. The film deals with the life of Phoolan Devi. It is based upon a true story. Still a child, Phoolan Devi was married off to a man old enough to be her father. She was beaten and raped by him. She was tormented by the boys of the village; and beaten by them when she foiled the advances of one of them. A village panchayat called after the incident blamed Phoolan Devi for attempting to entice the boy, who belonged to a higher caste. Consequent upon the decision of the village panchayat, Phoolan Devi had to leave the village. She was then arrested by the police and subjected to indignity and humiliation in the police station. Upon the intervention of some persons she was released on bail; their intervention was not due to compassion but to satisfy their carnal appetite. Phoolan Devi was thereafter kidnapped by dacoits and sexually brutalised by their leader, a man named Babu Gujjar. Another member of the gang, Vikram Mallah, shot Babu Gujjar dead in a fit of rage while he was assaulting Phoolan Devi. Phoolan Devi was attracted by Vikram Mallah and threw her lot in with him. Along with Vikram Mallah she accosted her husband, tied him to a tree and took her revenge by brutally beating him. One Sri Ram, the leader of a gang of Thakurs, who had been released from jail, made advances to Phoolan Devi and was spurned. He killed Vikram Mallah. Having lost Vikram Mallah s protection, Phoolan Devi was gang-raped by Sri Ram, Lalaram and others. She was stripped naked, paraded and made to fetch water from the village well under the gaze of the villagers, but no one came to her rescue. To avenge herself upon her persecutors, she joined a dacoits gang headed by Baba Mustkin. In avenging herself upon Sri Ram, she humiliated and killed twenty Thakurs of the village of Behmai. Ultimately, she surrendered and was in jail for a number of years.

(We have not viewed the film. The story thereof as set out above comes from the judgment under appeal.)

4. The film is based on a book written by Mala Sen called "India s Bandit Queen". The book has been in the market since the year 1991 without objection.

5. On 17th August, 1994, the film was presented for certification to the Censor Board under the Cinematograph Act, 1952. The Examining Committee of the Censor Board referred it to the Revising Committee under Rule 24(1) of the Cinematographic (Certification) Rules, 1983. On 19th July, 1995, the Revising Committee recommended that the film be granted an A certificate, subject to certain excisions and modifications. (An A certificate implies that the film may be viewed only by adults).

6. Aggrieved by the decision of the Revising Committee, an appeal was filed under Section 5C of the Cinematographic Act before the Appellate Tribunal. It is constituted by virtue of the provisions of Section 5D of the Cinematograph Act and consists of a Chairman and members who "are qualified to judge the effect of films on the public". In the present case the Tribunal was chaired by Lentin, J., a retired Judge of the Bombay High Court, and three ladies, Smt. Sara Mohammad, Dr. Sarayu V. Doshi & Smt. Reena Kumari, were its members.

7. The Tribunal s order states that the film "portrays the trials and tribulations and the various humiliation (mental and physical) heaped on her (Phoolan Devi) from childhood onwards, which out of desperation and misery drove her to dacoity and the revenge which she takes on her tormentors and those w

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1996 Supreme(SC) 885

Cases Referred (4)