The guidelines aforementioned have been carefully drawn. They require the authorities concerned with film certification to be responsive to the values and standards of society and take note of social change. They are required to ensure that "artistic expression and creative freedom are not unduly curbed". The film must be "judged in its entirety from the point of view of its over-all impact". It must also be judged in the light of the period depicted and the contemporary standards of the people to whom it relates, but it must not deprave the morality of the audience. Clause 2 requires that human sensibilities are not offended by vulgarity, obscenity or depravity, that scenes degrading or denigrating women are not presented and scenes of sexual violence against women are avoided, but if such scenes are germane to the theme, they be reduced to a minimum and not particularised. {Para 25}
26. The guidelines are broad standards. They cannot be read as one would read a statute. Within the breadth of their parameters the certification authorities have discretion. The specific sub-clauses of Clause 2 of the guidelines cannot overweigh the sweep of Clause 1 and 3 and, indeed of Sub-clause (ix) of Clause (2). Where the theme is of social relevance, it must be allowed to prevail. Such a theme does not offend human sensibilities nor extol the degradation or denigration of women. It is to this end that Sub-clause (ix) of Clause 2 permits scenes of sexual violence against women, reduced to a minimum and without details, if relevant to the theme. What that minimum and lack of details should be is left to the good sense of the certification authorities, to the determined in the light of the relevance of the social theme of the film.
33. In sum, we should recognise the massage or a serious film and apply this test to the individual scenes thereof : do they advance the message ? If they do they should be left alone, with only the caution of an 'A' certificate, Adult Indian citizens as a whole may be relied upon to comprehend intelligently the message and react to it, not to the possible titillation of some particular scene.
34. A film that illustrates the consequences of a social evil necessarily must that social evil. The guidelines must be interpreted in that light. No film that extols the social evil or encourages it is permissible, but a film that carries the message that the social evil is evil cannot be made impermissible on the ground that it depicts the social evil. At the same time, the depiction must be just sufficient for the purpose of the film. The drawing of the line is best left to the sensibilities of the export Tribunal. The Tribunal is a multi-member body. It is comprised of persons who gauge public reactions to films and, except in cases of stark breach of guidelines, should be permitted to go about its task.
35. In the present case, apart from the Chairman, three members of the Tribunal were women. It is hardly to be supposed that three women would permit a film to be screened which denigrates women, insults Indian womanhood or is obscene or pornographic. It would appear from its order that the Tribunal took the view that it would do women some good to see the film.
36. We are of the opinion that the Tribunal had viewed the film in true perspective and had, in compliance with the requirements of the guidelines, granted to the film an "A" certificate subject to the conditions it stated. We think that the High Court ought not to have entertained the 1st respondent's writ petition impugning the grant of the certificate based as it was principally upon the slurs allegedly cast by the film on the Gujjar community. We find that the judgment under appeal does not take due note of the theme of the film and the fact that it condemns rape and the degradation of and violence upon women by showing their effect upon a village child, transforming her to a cruel dacoit obsessed with wreaking vengeance upon a society that has caused her so much psychological and physical hurt, an that the scenes of nudity and rape and the use of expletives, so far as the Tribunal had permitted them, were in aid of the theme and intended not to arouse prurient or lascivious thoughts but revulsion against the perpetrators and pity for the victim.
Headnote:
The recent judgment underscores the delicate balance between artistic expression and societal values in film censorship. It emphasizes that films depicting social evils must do so with the intent to condemn rather than glorify, allowing for necessary portrayals of sensitive subjects while ensuring they serve a greater message. The Tribunal's role is pivotal, as it comprises members who can gauge public sentiment, particularly regarding gender representation. The court affirmed the Tribunal's decision to grant an 'A' certificate to a film that, despite its challenging content, ultimately aims to evoke empathy and highlight the consequences of violence against women, thereby reinforcing the importance of context in film certification.
IN THE SUPREME COURT OF INDIA
Civil Appeals Nos. 7522 with 7523, 7525 and 7524 of 1996
Decided On: 01.05.1996
Bobby Art International and Ors. Vs. Om Pal Singh Hoon and Ors.
Hon'ble Judges/Coram:
A.M. Ahmadi, C.J.I., S.P. Bharucha and B.N. Kirpal, JJ.
Author: S.P. Bharucha, J.
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