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RAJESH SHANKAR
Sithara Joy (Sr. Helen Tresa) – Appellant
Versus
Union of India – Respondent
JUDGMENT :
The writ petition is taken up today through Video conferencing. The present writ petition has been filed for quashing and setting aside Certificate No. DIL/3/10/2021-THI dated 30.12.2021 issued to the movie namely, “HOLY WOUND” by the Regional Officer, Central Board of Film Certification (CBFC), Thiruvananthapuram, Kerala. Further prayer has been made for stopping release of the said silent movie namely, “HOLY WOUND” on OTT platform/Youtube etc. or on any other social media platform run by the respondent no. 3 – Sahasrara Cinemas Pvt. Ltd., Thiruvananthapuram, Kerala being blasphemous in nature, hurting the religious sentiments of the petitioners as well as the Christian community at large.
2. Learned counsel for the petitioners submits that the trailer of the movie namely, “HOLY WOUND” is available in various social media platforms from which it could be seen that the film depicts sexual relationship of two female characters, who have been in emotional relationship since childhood and are separated when one of them joins a religious congregation in a Catholic Church. After lapse of few years, both of them reunite and continue their inordinate sexual passion. It is further
The court emphasized the importance of territorial jurisdiction and the principle of forum conveniens in deciding the maintainability of a writ petition.
The Court held that the Revising Committee is required to assign reasons while granting 'U' certificate to a film with excisions and that no reasons were assigned by the Revising Committee in this ca....
The court's decision emphasized the limited scope of intervention under Article 226 of the Constitution of India in film certification matters and highlighted the availability of remedies under the C....
The court emphasized that failure to challenge a decision undermines writ petition maintainability, highlighting the necessity of procedural fairness in legal proceedings.
The judgment emphasizes the creative freedom of filmmakers in addressing social issues and the responsibility to depict the overall message of the film in determining its permissibility. It also high....
The importance of exhausting statutory remedies and the powers of the Central Government under the Cinematograph Act, 1952 to suspend the exhibition of any film.
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