Song cannot be deleted without any reason.

A.P. Shah CJ.

The petitioner has filed this writ petition in public interest, for a mandamus directing the first respondent to delete the song, "Bhagwan Oru Naal Aagayam Padaichar..." (gfthd; xU ehs; Mfhak; gilr;rhh;) featuring in the Tamil film "PERRIYAR" before releasing the film and for a further direction to the fifth respondent/Censor Board to re-consider the censor certificate issued to the said film.

2. The film "PERRIYAR" is produced by the first respondent and is based on the life of Periyar E.V. Ramasamy. The film is yet to be released, but the audio cassettes containing the songs of the film have been released by respondents 1 and 2. The third respondent, who is a well known poet in Tamil, has written the songs of the film. The fourth respondent, viz., the State of Tamil Nadu has sanctioned financial assistance for production of the film. The Censor Board has cleared the film for exhibition by grant of U Certificate.

3. The petitioner takesexception to the song "Bhagwan Oru Naal Aagayam Padaichar..." featuring in the film "PERRIYAR" on the ground that it contains vulgar criticism of Goddess Sita. The petitioner has alleged that the song comments on her chastity and modesty and ridicules the mythological characters of Lord Rama and Goddess Sita. According to him Lord Rama and Goddess Sita are worshipped by millions of Hindus not only in India, but also around the world. Further according to him the Hindu way of life is mainly based on the epic, "Ramayana", and each and every event and character of "Ramayana" is holistic to Hindus.

4. The petitioner claims that the last stanza of the song is objectionable and a free

translation of the said stanza is as follows:

"Puranas and Itihas are just lies and fraud,

Speaking lies and lies, the country has itself become false!!

Look Puranas and Itihasas are not lies,

Is it? Tell me the basis,

The lines drawn by Sri Rama on the squirrel

Are still there, look it it is not rubbed off,

Oh! Three lines came when he touched it,

Then tell me, Do Sitas back has lines?

Or Sri Rama did not even touch her?

You are an unnecessary argumentator, Dont talk,

Only now onwards I am going to speak Swami!"

The petitioner has taken exception to the underlined portion which says that if there are three lines found on the back of the squirrel even today because of the touch of Lord Rama, whether Goddess Sita also has the three lines on her back and if not, whether Lord Rama never touched Goddess Sita. According to the petitioner, the above portion in the song hurt the sentiments of Hindus and would create a feeling of insecurity and disturb their faith and devotion and ultimately lead to disturbance in public tranquility.

5. Learned counsel appearing for the petitioner submitted that late Periyar E.V. Ramasamy might be a rationalist, but he was not a nationalist. The song in question which is supposedly based on the philosophy of Periyar E.V. Ramasamy as part of his campaign against demystification of mythology contains vulgar references to Lord Rama and Goddess Sita and these words hurt the religious sentiments of Hindu community. He urged that the U Certificate granted to the film by the Censor Board is required to be reviewed by directing the Censor Board to delete the song "Bhagwan Oru Naal Aagayam Padaichar..." from the film "PERRIYAR".

6. In reply, learned Advocate General submitted that the film had been scrutinized by the Central Board of Film Certification, which is an expert body constituted for that purpose and the film had passed the test of such scrutiny. The song in question must be read as a whole and in the context of the life of Periyar E.V. Ramasamy and read as a whole, the song does not offend Section 5-B(i) of the Cinematograph Act, 1952 or the guidelines framed thereunder. In support of his submission, learned Advocate General placed reliance on a number of decisions of the Supreme Court.

7. The film "PERRIYAR" is based on the life of Periyar E.V. Ramasamy, who wa