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2016 Supreme(Ker) 513

P.B.SURESH KUMAR
JAYAN CHERIAN, KALAPURACKAL (H) – Appellant
Versus
UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING "A" WING, SHASTRI BHAVAN – Respondent


Advocates Appeared:
For the Appellant : ADVS. SRI.SANTHOSH MATHEW, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN, SRI.ALPHIN ANTONY, SRI.VIJAY V. PAUL
For the Respondent: ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY ADV. SRI.K.R.RAJKUMAR, C.G.C.

JUDGMENT :

P.B.SURESH KUMAR, J.

The petitioner is the producer, director and script writer of the feature film, “KA bodyscapes”. According to the petitioner, “KA bodyscapes” ('the film') portrays through its protagonists the attitude of the society towards homosexuality and feminism. It is stated that the film revolves around the experiences of three protagonists in the film, Haris, a gay free spirited painter, his love interest, Vishnu, a Hanuman bakth from a conservative Hindu right wing family and Sia, a feminist from a conservative Muslim family. According to the petitioner, the film touches upon the aggression shown by right wing activists towards artists and writers and it highlights the struggles of their friend Sia, who rebels against dehumanizing surveillance at her work place and misogynist punishments meted out to menstruating women.

2. The petitioner approached the second respondent, the Regional Officer of the Central Board of Film Certification ('the Board' for short) for certification of the film for public exhibition under the Cinematograph Act, 1952 ('the Act'). On receipt of the application, the Board constituted an Examining Committee as provided for under Rule 22 o































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