Production of Vulgar film must be restricted.

M. Karpagavinayagam, J.

Tamil feature film "New", produced by Annai Mari Madha Creations, third respondent herein, was released for public exhibition in the second week of July, 2004, throughout Tamil Nadu.

2. Ms.Arulmozhi, an advocate practising in this Court, after seeing the movie, wondered as to how the film was certified for public exhibition by the Central Board of Film Certification, even though the film was full of dual meaning dialogues and obscene visuals, appended by vulgarity and depravity, obviously catering to the baser instincts of the viewers. As the certificate for public exhibition had been issued in gross violation of the provisions of the Cinematograph Act, 1952, she sent a representation to the Government of India, the first respondent herein, on 23.08.2004, bringing to its notice about the violations, requesting to revoke the certificate, by invoking the revisional powers under Section 6 of the Cinematograph Act. Since she felt that the action on representation may take some time and if such time is allowed the film would be continued to be screened thereby causing imminent danger to the public morality and unable to bear the cultural degradation due to this film, she has rushed to this Court and filed this Writ Petition.

3. The main prayer in this Writ Petition is for issuance of a writ of mandamus, directing the Government of India, Ministry of Information and Broadcasting, New Delhi, first respondent herein, and the Central Board of Film Certification, Sastri Bhavan, Chennai, second respondent herein, to revoke the Censor Certificate for public exhibition, issued to the Tamil Feature Film "New", produced by S.Annai Mari Madha Creations, the third respondent herein.

4. Mr.V.Ramasubramanian, learned counsel for the petitioner, seeking for a mandamus for revocation of the Censor Certificate issued to the film, would submit as follows:

"(a) The theme of the picture is about a child of 8 years age being put to scientific tests, thereby getting transformed to the youth of 28 years only during nights and getting married to a girl of 20 years of age and begetting a child. There are several scenes in the film, which are vulgar and obscene, which cater to the baser instincts of men. The countless number of dual meaning dialogues in the film show the sexual perversions and the use of a child artist in the lead role depicts child abuse. The second respondent has sanctioned the public exhibition of the film, unmindful of the evil influence that it could have on young minds.

(b) The scenes in the film depict indecency and vulgarity and consequently the obscenity would make the film liable for revocation of the certificate. Under Section 5 B(1) of the Cinematograph Act, 1952, a film shall not be certified for public exhibition by the competent authority, if the film or any part of it is against public order, decency or morality.

(c) Under Section 5 B (2) of the Act, the Government of India issued some guidelines for ensuring the Board of Film Certification to find out the fitness for issuance of the said certificate. Under these guidelines, the Board of Film Certification shall ensure that the scenes depicting the child abuse, vulgarity, obscenity or depravity and the dialogues giving the dual meaning, catering to the baser instincts, are not allowed in the film. In other words, these guidelines mandate the Censor Board to ensure that human sensibilities are not offended by vulgarity and obscenity or depravity and that such dual meaning words, which cater to the baser instincts, are not permitted to be screened.

(d) The entire story-line of the film is about an eight year old boy becoming a youth by scientific adventure and, during nights, he makes love with a girl of 20 years, getting married to her and begetting a child. Thus, the very theme of the film offends the human sensibilities by its vulgarity and indecency. Therefore, respondents 1 and 2 may be directed to withhold the certificate."

5. On the other ha