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2014 Supreme(Mad) 3643

Madurai Bench of Madras High Court
N. KIRUBAKARAN, J.
V. Ramesh
Versus
The Director General of Police & Others
Crl.O.P(MD)No. 15550 of 2014
Decided on: 13-10-2014

Advocates Appeared:
For the Petitioner:W. Peter Rameshkumar, Advocate.
For the Respondents:R1, P. Kandasamy, Govt. Advocate (Crl. Side), R2 to R4, G.R. Swaminathan, Assistant Solicitor General of India.

The main legal point established is the responsibility of filmmakers to avoid negative content that could corrupt ethical and moral values, as well as the legal provisions under the Cinematograph Act, 1952 and Section 153(A) of IPC.

Headnote:

Vulgarity - Tamil Movies - Cinematograph Act, 1952, Section 5-B, Section 153(A) IPC - The court discussed the impact of negative content in movies on society, the role of the Censor Board, and the legal provisions under the Cinematograph Act, 1952 and Section 153(A) of IPC. The court emphasized the need for responsible filmmaking and the avoidance of negative content that could corrupt ethical and moral values.

Fact of the Case:

The petitioner sought a direction to register a complaint seeking to ban the exhibition of two Tamil movies, 'Kathi' and 'Pulipaarvai', alleging that they contained objectionable content that could incite enmity and law and order problems.

Finding of the Court:

The court dismissed the petition, stating that the petitioner's contentions were based on assumptions and lacked evidence. It emphasized that the films had been granted Censor Certificates after clearance by the statutory Censor Board.

Issues: The issues involved the objectionable content in the movies, the role of the Censor Board, and the potential impact on public order and sentiments.

Ratio Decidendi: The court emphasized the responsibility of filmmakers to consider the impact of their movies on society and the need to avoid content that could negatively influence ethical and moral values. It highlighted the legal provisions under the Cinematograph Act, 1952 and Section 153(A) of IPC.

Final Decision: The court dismissed the petition, stating that the films had been granted Censor Certificates and that the petitioner's contentions lacked evidence and were based on assumptions.

Judgment

1. Vulgarity, obscenity, indecency, depravity, cruelty, brutality, mindless violence, sexual violence, horror, glamorization of drinking and smoking, glorification of negative characters and titles, justification of illegal means and criminal acts which would like by to incite commission of offences and degradation of cultural, moral and ethical values are all necessary stuff in now a days movies.

2. Mostly, motion pictures contain negative titles, negative characters, negative dialogues and negative message. To put it in other words, mostly films are full of negativity, which is not in the interest of the society. All the persons concerned with the cinema industry have to ponder over and make introspection about present day cinema and to redeem exhibition of moral values and family values, relationship, love, patriotism, morality, decency, ethical values, which were all subject of olden days movies. No doubt, cinema industry is a business where profit is the motive. However, it has to be remembered that cinema is a powerful medium which brought social and political changes. It should continue to inculcate values, and should not corrupt ethical, family and moral values and demoralize, dehumanize people especially impressionable youngsters.

3. Since the issue involved in this case is about two movies, this Court has to comment about present day movies which contain materials justify violence, glorify illegal acts, glamorize even drinking and degrade and denigrate women.

4. The petitioner has come before this Court seeking a direction to the respondent to register his complaint dated 01.08.2014, which seeks to indirectly ban exhibition of two Tamil movies called "KATHI" and "PULIPAARVAI".

5. "Kathi" is said to be filled with anti-Tamil speeches and overtures insulting the entire 8 crores population of Tamils both Nationally and Internationally and has got scenes which show that all raped Tamil women in Sri Lanka, are now peacefully living with their Sinhalese rapists as husband and wife.

6. "Pulipaarvai" is said to be about the assassinations of Master Balachandran Son of LTTE Supremo Prabhakaran in a very poor light, portraying him as a child soldier with fire arms and he was killed during a fight with Chinese soldiers. Tamil population has been portrayed as anti-nationals and terrorists in the above movies and therefore, the objectionable movies "Kathi" and "Pulipaarvai" have to be banned from screening inside Tamil Nadu. If the movies are released, they would create enemity, law and order problem all over the sub continent. Apprehending law and order problem, due to release of these movies, the petitioner gave a complaint on 01.08.2014 and no action has been taken by the respondent. Therefore, the petitioner is before this Court seeking a direction to register his complaint dated 01.08.2014.

7. Mr. W. Peter Rameshkumar, learned counsel appearing for the petitioner, would contend that the above movies affect sentiments of Tamils and Tamils are portrayed as anti-nationals; The movies justify war crimes committed in Sri Lanka; Already in Torrento, posters had come up against the movies and violence erupted; That apart, when the Audio release of "Puli Paarvai" was made in Chennai, there was a disturbance in the function and about 50 Layola college students were arrested for raising objections regarding the movie; The said movie is to be released 1200 theatres across the State and it would definitely create ill-will and endanger the public order; "Puli paarvai" has been produced by LYCA productions and the said movie has been financed by a Sri Lankan Multinational Company. Therefore, absolutely the motive is clear and it is aimed at avoiding conduct of International enquiry in Sri Lanka, relating to the Mass Genocide.

8. The counsel also found fault with the Censor Board for having granted censor certificates for the said movies; The Censor Board members may not be in a position to appreciate the movie in toto as they do not know








































































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