‘Everybody Now Is Touchy About Everything': SC Rejects PIL To Revoke CBFC Clearance to 'Adipirush'
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New Delhi: The Supreme Court on Friday, July 21, dismissed a petition seeking the cancellation of the censor certificate granted to Adipurush, observing that the court cannot interfere with film certifications based on the "sensitivities of each individual".
The film – based on the Ramayana – has received a cold reception from critics and fans alike, with many protesting against its dialogues and for deviating from the mythology. Petitions have been filed against it in several high courts, with the Allahabad high court slamming the makers of the movie "testing the tolerance" of Hindus.
The Supreme Court bench of Justices S.K. Kaul and Sudhanshu Dhulia on Friday dismissed the public interest litigation (PIL) filed by advocate Mamta Rani, saying that Adipurush's portrayal of Hindu deities "violated the statutory provisions outlined in Section 5B of the Cinematograph Act, 1952".
According to LiveLaw, Justice Kaul expressed concerns about the "increasing trend of people bringing every minor issue to the Supreme Court, asking if the court should be scrutinising every aspect of films, books, and artworks". The judge – who delivered landmark verdicts in the past, upholding the rights of artists M.F. Husain and author Perumal Murugan – said there should be a certain level of tolerance towards creative representations. He said:
"Why should we entertain this under [Article] 32 [which gives citizens the right to seek constitutional remedy from the Supreme Court]? The Cinematography Act provides for the method to get [a] certificate. Everybody now is touchy about everything. Every time they will come before the Supreme Court for it. Is everything to be scrutinised by us? The level of tolerance for films, books, paintings keeps on getting down. Now people are hurt maybe sometimes genuinely, maybe sometimes not. But we will not under Article 32 start entertaining them."
While the petitioner argued that the Central Board of Film Certification (CBFC) did not adhere to the required guidelines before granting the clearance, the bench was reluctant to entertain the PIL, according to LiveLaw.
In the order, Justice Kaul said that cinematographic representations "may not be an exact replica of religious texts and that artistic freedom must be balanced with limits". He said:
"We may say this at the inception itself that cinematographic representations may not be the exact replica of text. There has to be a certain play. However, so that the play does not go beyond a certain limit, a body has been constituted to look into these aspects. In the present case, the certificate was issued by that body and there has been certain modifications made after that too."
If the Supreme Court interferes based on the sensitivities of each person, it would not "become some kind of an appellate authority for the censor board."
Also Read: 'Adipurush' Is Probably the Most Tacky, Derivative and Unnecessary Film of the Year
Court grants interim relief to makers
In a separate matter, the top court also granted interim relief to the makers of Adipurush. It stayed the proceedings against the film in various high courts and issued notice on a transfer petition and a special leave petition filed by the producer, according to LiveLaw.
A petition filed before the Allahabad HC sought a ban on the movie for "hurting the sentiments of Hindus" by “destroying their fundamental values and characters” and modifying the "basic structure" of Valmiki Ramayana.
The court sought the personal presence of the movie's director (Om Raut), producer (Bhushan Kumar) and dialogue writer (Manoj Muntashir) for an "explanation" and posted the matter to July 27.
Other petitions have been filed in the Rajasthan, Punjab & Haryana and Allahabad high courts seeking to ban the movie and quash the CBFC certification granted to it.
This article went live on July twenty-first, two thousand twenty three, at fifty-nine minutes past three in the afternoon.The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
