The main legal point established in the judgment is the limitation of the Cinematograph Act in regulating obscene audio content and the emphasis on appropriate action under the Indian Penal Code for violations related to playing obscene audio cassettes without accompanying visual display.

S. Tamilvanan, J.

This writ petition is filed for issuance of a writ of mandamus directing the respondents 1 and 2 to discharge their statutory obligation by enforcing the prohibitions imposed by the third respondent in the process of censor and certification of movie films in respect of cuts in visuals as well as songs and dialogues (audio) in the State of Tamil Nadu by effecting seizures of materials containing prohibited video and audio matters, by prosecuting the offenders and also by giving a public warning and notification in this regard.

2. This writ petition has been filed as a Public Interest Litigation by the National Federation of India Women, Tamil Nadu Council, an Association registered under the Society Registration Act, represented by its General Secretary. According to the petitioner, various satellite cable networks and individual operators are telecasting movies and scenes for public view and play songs and dialogues, even after having prohibited by the Censor Board, the third respondent herein, without considering the age of the viewers and audience.

3. According to the petitioner, on 112. 2003, she had made a representation before the respondents stating that certain private FM radio companies are broadcasting the songs prohibited by the Censor Board in public, though the songs containing objectionable words which should not be heard by the children. It has been further contended that prohibited cassettes containing objectionable words or stanzas of video or audio clippings, which were directed to be removed by the Censor Board, but are being sold, due to which, the culture of the society is being spoiled and the same will mislead the youth to use the same even for eve teasing.

4. Mrs.K.Santhakumari, a practicing Advocate, as General Secretary of the petitioner Federation, appeared party-in-person, submitted that the aforesaid violation has a direct impact and consequences against the women in the State and on that ground pleaded that the video and audio cassettes and CD disks of obscene movies containing the stanzas or words, which are prohibited by the Censor Board should be curtailed from public view and hearing. Based on the aforesaid pleadings, the petitioner herein has sought for a direction to the respondents, to seize all the video and audio cassettes, which contain obscene visuals and songs which are prohibited by the Censor Board.

5. Mrs.D.Geetha, learned Additional Government Pleader appearing for the respondents 1 and 2 had not disputed the fact that as per the provisions of Cinematography Act, 1953, there is a ban on exhibiting obscene visuals and songs prohibited by the Censor Board and if it is played in public, the Police Department and the District Administration should firmly deal with the offender, according to law.

6. The petitioner herein submitted that the police department and the District authorities in the State of Tamil Nadu did not care to interfere with the aforesaid illegal act, either out of indifference or out of ignorance of the provisions of law, relating to such prohibition of obscenity in public places. The petitioner would contend that cable telegraphic network telecast ‘A’ certificate movies, at all times, indiscriminately for unrestricted public viewing and obscene songs or dialogues, containing obscene part of films are bring broadcasted or telecasted every day, in every possible manner. According to her, even the obscene scenes or songs are played on several route buses in the State of Tamil Nadu.

7. In the affidavit, the petitioner has specifically stated that the songs from the movie named “Pudukottaiyilirunthu Saravanan” consisting of obscene words describing women in general in a very obscene and in descent manner could be noticed by her and upon a complaint to the Censor Board, the police had seized the cassettes.

8. The petitioner contended that several hundreds of such instances of offences are being committed by the telecasters and broadcasti