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Films ridiculing religions & inciting hatred not permissible in secular society: Delhi HC

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The Delhi High Court has refused to allow the release of Hindi film “Masoom Kaatil”, saying in a diverse, secular society, certification cannot be granted to a film that ridicules religions, incites hatred, or threatens social harmony.
The court said the film made it seem that taking the law into your own hands was something to be admired and celebrated, which cannot be allowed, as it “can damage people’s trust in the legal system and suggest that using violence instead of following the law is acceptable”.
Justice Manmeet Pritam Singh Arora on September 10, as a result, dismissed a plea challenging CBFC’s refusal to allow the film to be released for public.
The judge said the report of the examining committee which refused the permission, showed the content of the film was “excessively/unnecessarily violent, gruesome in its portrayal without any redeeming factors and therefore, not fit for public exhibition”.
“The exhibition of unchecked gore content as shown in the subject matter film is far from promoting social values and would instead brutalise minds and normalise lawlessness,” the court said.
The protagonists in the film, the order said, take the law into their hands without impunity.
“If a film makes it seem that taking the law into your own hands is something to be admired and celebrated, it can damage people’s trust in the legal system and suggest that using violence instead of following the law is acceptable.” The court said when “such dangerous ideas are combined with graphic scenes of killing and cannibalism”, the subject matter film could seriously upset public peace and encourage others to act violently, putting the safety of society at risk.
The film was stated to contain not just violent content regarding humans and animals but also comprised “insulting references to communities, derogatory remarks about religions, and caste-based, and communal statements”.
Such depictions are prohibited under law which prohibit any film likely to promote communal disharmony or offend religious sentiments, the court added.
The verdict referred to the freedom of artistic expression, which it said couldn’t be accepted in the “teeth” of the statutory framework.
“Article 19(1)(a) (freedom of speech and expression) of the Constitution itself subjects Freedom of Speech and Expression to reasonable restrictions on grounds of decency, morality, public order, and incitement to offence. The content of the subject matter film, as discussed above, traverses all these prohibitions. The subject matter film stands as a clear example of a film which is fundamentally incompatible with the guidelines,” it added. (PTI)

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