Christian Association And ... vs Central Board Of Film ...
2021 Latest Caselaw 17105 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                   &
             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                        WP(C) NO. 16902 OF 2021
PETITIONER/PETITIONER:

          CHRISTIAN ASSOCIATION AND ALLIANCE FOR SOCIAL ACTION
          (CASA), REG.NO.EKM/TC/579/2019, NEAR RAJAJI JUNCTION,
          CHITTOOR ROAD, ERNAKULAM-682 035- REPRESENTED BY ITS
          PRESIDENT, KEVIN PETER THOMAS, AGED 46 YEARS,
          THAIPARAMBIL HOUSE, RAILWAY STATION ROAD,
          ALEPPEY P.O., ALAPPUZHA DISTRICT - 688 001.

          BY ADVS.
          C.RAJENDRAN
          K.VIJAYAN


RESPONDENTS/RESPONDENTS:

1         CENTRAL BOARD OF FILM CERTIFICATION
          REPRESENTED BY ITS REGIONAL OFFICER,
          KERALA STATE REGIONAL OFFICE, 1ST FLOOR,
          CHITRANJALI STUDIO COMPLEX, THIRUVALLUM P.O.,
          THIRUVANANTHAPURAM DISTRICT - 695 027

2         CENTRAL BOARD OF FILM CERTIFICATION
          REPRESENTED BY THE CHAIRPERSON, HEAD OFFICE,
          FILMS DIVISION COMPLEX, PHASE-I BUILDING,
          9TH FLOOR, MUMBAI - 400 026.

3         UNION OF INDIA REPRESENTED BY ITS SECRETARY,
          MINISTRY OF INFORMATION & BROADCASTING,
          A-WING, SHASTRI BHAWAN, DR.RAJENDAR PRASAD ROAD,
          NEW DELHI - 110 001.

4         STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

5         NADIRSHA, CINE ARTIST, HOUSE NO.1,
          SIGNATURE VILLA, KEERTHI NAGAR,
          THANNIKKAL ROAD, ELAMAKKARA, KALOOR,
          ERNAKULAM DISTRICT - 682 017.
 W.P.(C)No.16902 of 2021
                                   2

6            ARUN NARAYANAN, PRODUCER,
             SIGNATURE VILLA, KEERTHI NAGAR,
             THANNIKKAL ROAD, ELAMAKKARA, KALOOR,
             ERNAKULAM DISTRICT - 682 017.

             SRI.V.TEKCHAND, SR. GP
             SRI.JAISHANKAR V. NAIR, CGC
             SRI.P.VIJAYAKUMAR, ASGI



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.08.2021,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.16902 of 2021
                                       3



                               JUDGMENT

Dated this the 13th day of August, 2021

S.Manikumar, C.J.

Instant writ petition is filed seeking the following reliefs:

i. To issue a writ in the nature of MANDAMUS or any other appropriate writ, order or direction compelling and commanding the 1st respondent not issue any kind of Certificate for Exhibiting /showing the film "Eso-not from the Bible" to the Public through theatres or any media. ii. To issue a writ in the nature MANDAMUS or any other appropriate writ, order or direction compelling and commanding the 4th respondent not to permit any one to exhibit the film "Eso- not from the Bible" to the Public through theatres or any media.

iii. To issue a writ in the nature of MANDAMUS or any other appropriate writ, order or direction compelling and or commanding the respondents 1 to 3 to review the decision if any, taken by the 1 st respondent for exhibiting / showing the film to the public and cancel the same. iv. To issue a writ in the nature of MANDAMUS or any other appropriate writ, order or direction commanding the respondents compelling and ExtP4 to consider representation by giving opportunities to the petitioner for hearing and to pass orders in accordance with the provisions of law and the Principles of Natural justice, and v. To issue a writ in the nature of MANDAMUS or any other appropriate writ, order or direction compelling and the commanding the respondents 5 and 6 to produce the Screen play of "Eso", not from the Bible and direct to W.P.(C)No.16902 of 2021

produce the Blue Print of the Film "Eso-not from the Bible" before the Hon'ble Court and may be pleased to view the same by the Hon'ble Kerala High Court or by a team of persons deputed by this Hon'ble Court for the same and analyze to know whether the film is derogatory in nature, hurting any religion feelings especially of the Christian Communities and direct the respondents 1 and 2 to delete the name and offensive senses from the film.

2. Short facts leading to the writ petition are that the

petitioner is an organization registered under the Travancore

Literary, Scientific and Charitable Societies Registration Act, 1955

vide Registration No. EKM/TC/579/2019. As per the bye-laws of the

association, the president is to represent in all the cases in which

the association becomes a party. The aims and objects include the

betterment and progress and the well-being of Christian

Community. Respondents 5 and 6 have produced a film, by name,

"Eso-not from the Bible", as that of a Nadirsha film, showing the 6 th

respondent as its producer. He has made an advertisement

showing that Arun Narayanan presents Jayasurya in as "Eso-not

from the Bible". A Nadirsha film. Below to it, there are several

names including the 6th respondent and other crew members of the

film. The bottom of the advertisement is shown "COMING SOON".

3. The Christian Community in Kerala is deeply pained and

disturbed when they come across with an advertisement published W.P.(C)No.16902 of 2021

by the respondents 5 and 6 showing that they have made a film, by

name 'Eso', with a tag "not from the Bible", a Nadirsha film. This

film is made in deprivation of public interest, morality and health.

So the respondents 1 to 3 are to be directed not to issue any kind

of certificate for exhibiting/showing the film "Eso-not from the

Bible" to the public through theatres or by or through any media.

Hence the writ petition.

4. In support of the prayers sought for, petitioner has, inter

alia, raised the following grounds:

A. It is submitted that as per Section 5-B of the Cinematograph Act, 1952, a film shall not be certified for public exhibition, if the film or any of it is against the interest of the sovereignty and integrity of India and security of the state, friendiy relations with the foreign states, Public Order, decency or morality, or involves defamation or is likely to incite the commission of any offences. Petitioner reasonably apprehends that, exhibiting of film "Eso-not from the Bible" without changing the name will lead to the above said situations. B. It is submitted that respondent 5 being a Director, Producer and Actor cannot create a character with name "Eso", though the story in the film has nothing to do with the Holy Bible or the life, preaching of Jesus even then the respondents 5 and 6 are not entitled to produce and exhibit a film by name "Eso-not from the Bible".

C. It is submitted that inciting the Christian community to be violent by this film or any part of it would be against the interest of sovereignty and Integrity of India and W.P.(C)No.16902 of 2021

security of the State, friendly relations with the foreign states, Public Order, decency and morality and involves defamation and would incite the commission of any offence.

5. Heard learned counsel for the respective parties and

perused the material on record.

6. In exercise of the powers conferred by sub-section (2) of

Section 5B of the Cinematograph Act, 1952 (37 of 1952), and in

supersession of the notification of the Government of India, in the

Ministry of Information and Broadcasting No. S.O.9(E), dated the 7 th

January, 1978, except as respects things done or omitted to be

done before such supersession, the Central Government hereby

directs that in sanctioning films for public exhibition, the Board of

Film Certification shall be guided by the following principles:

"1. The objectives of film certification will be to ensure that,-

(a) the medium of film remains responsible and sensitive to the values and standards of society;

(b) artistic expression and creative freedom are not unduly curbed;

(c) certification is responsive to social change;

(d) the medium of film provides clean and healthy entertainments; and

(e) as far as possible, the film is of aesthetic value and cinematically of a good standard.

2. In pursuance of the above objectives, the Board of Film Certification shall ensure that,-

(i) anti-social activities such as violence are not glorified or justified; W.P.(C)No.16902 of 2021

(ii) the modus operandi of criminals, other visuals or words likely to incite the commission of any offence are not depicted;

(iii) scenes

(a) showing involvement of children in violence as victims or as prepetrators or as forced witnesses to violence, or showing children as being subjected to any form of child abuse;

(b) showing abuse or ridicule of physically and mentally handicapped persons; and

(c) showing cruelty to or abuse of, animals are not presented needlessly.

(iv) pointless or avoidable scenes of violence, cruelty and horror, scenes of violence primarily intended to provide entertainment and such scenes as may have the effect of desensitizing or dehumanizing people are not shown;

(v) scenes which have the effect of justifying or glorifying drinking are not shown;

(vi) scenes tending to encourage, justify or glamorise drug addiction are not shown;

[(vi-a) scenes tending to encourage, justify or glamorise consumption of tobacco or smoking are not shown;]

(vii) human sensibilities are not offended by vulgarity, obscenity or depravity;

(viii) such dual meaning words obviously cater to baser instincts are not allowed;

(ix) scenes degrading or denigrating women in any manner are not presented;

(x) scenes involving sexual violence against women like attempt to Tape, rape or any form of molestation, or scenes of a similar nature are avoided, and if any such incident is germane to the theme, they shall be reduced to the minimum and no details are shown;

(xi) scenes showing sexual perversions shall be avoided and if such matters are germane to the theme, they shall be reduced to the minimum and no details are shown;

W.P.(C)No.16902 of 2021

(xii) visuals or words contemptuous of racial, religious or other groups are not presented;

(xiii) visuals or words which promote communal, obscurantist, anti- scientific and anti-national attitudes are not presented;

(xiv) the sovereignty and integrity of India is not called in question;

(xv) the security of the State is not jeopardised or endangered;

(xvi) friendly relations with foreign States are not strained;

(xvii) public order is not endangered;

(xviii) visuals or words involving defamation of an individual or a body of individuals, or contempt of Court are not presented.

Explanation.- Scenes that tend to create scorn, disgrace or disregard of rules or undermine the dignity of Court will come tinder the term "contempt of court"; and

(xiv) National symbols and emblems are not shown except in accordance with the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

3. The Board of Film Certification shall also ensure that the film

(i) is judged in its entirety from the point of view of its overall impacts; and

(ii) is examined in the light of the period depicted in the film and the contemporary standards of the country and the people to which the film relates, provided that the film does not deprave the morality of the audience.

4. Films that meet the above-mentioned criteria but are considered unsuitable for exhibition to non-adults shall be certified for exhibition to adult audiences only.

5. (1) While certifying films for unrestricted public exhibition, the Board shall ensure that the film is suitable for family viewing, that is co say, the film should be such that all the members of the family including children can view it together.

(2) If the Board, having regard to the nature, content and theme of the film, is of the opinion that it is necessary to caution the parents/ guardian W.P.(C)No.16902 of 2021

to consider as to whether any child below the age of twelve years may be allowed to see such a film, the film shall be certified for unrestricted public exhibition with an endorsement to that effect.

(3) If the Board, having regard to the nature, content and theme of the film, is of the opinion that the exhibition of the film should be restricted to members of any profession or any class of persons, the film shall be certified for public exhibition restricted to the specialised audiences to be specified by the Board in this behalf.

6. The Board shall scrutinise the titles of the films carefully and ensure that they are not provocative, vulgar, offensive or violative of any of the above-mentioned guidelines."

7. Though the petitioner himself has admitted that the story

of the film has nothing to do with the Holy Bible or the life,

preaching of Jesus, the only concern is the name of the film "Eso-

not from the Bible". Contention of the petitioner that the film is

made against public interest, morality and health, is without any

basis.

There is no merit in the writ petition and hence, dismissed.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv W.P.(C)No.16902 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: A TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE NO.EKM/TC/579/2019 DATED 18/09/2019.

EXT.P1(A): AN ENGLISH TRANSLATION OF EXHIBIT P1.

EXT.P2: A TRUE PHOTOCOPY OF THE ADVERTISEMENT POSTER WITH THE PHOTO OF THE MAIN ACTOR AND OTHER CREW MEMBERS.

EXT.P3: A TRUE PHOTOCOPY OF THE THAYER'S GREEK LEXICON DOWNLOADED FROM THE WEB-SITE REGARDING THE MEANING AND DEFINITIONS OF "ESO".

EXT.P4: A TRUE PHOTOCOPY OF THE PETITION TO THE RESPONDENTS 1 TO 4 DATED 05/08/2021.

EXT.P5: A TRUE PHOTOCOPY OF THE JUDGMENT IN WP NO.20008/2013 AND MCC NO.1395/2013 OF THE MADHYA PRADESH HIGH COURT DATED 22/11/2013.

TRUE COPY

P.A. TO JUDGE