- (1.) WE have heard the petitioner, appearing in person.
(2.) BY this writ petition, purportedly filed in public interest, the petitioner, an individual - a law student, is seeking the relief, to ban the exhibition of film, 'Dharam Sankat Me', running in the cinema halls, on the ground that certain dialogs in the film are offensive to the children, who are abandoned by the parents, and that some of the dialogs in the firm are offensive to a particular community.
(3.) THE petitioner has not challenged the certificate given by the Film Censor Board to the film, nor has given the details of the reaction of the general public, to these dialogs. In the absence of challenge to certification of the film by the Film Censor Board, and the reaction of the general public to certain dialogs, this petition is not maintainable. The feelings of an individual, cannot be a ground to ban the film, which has been approved by the Film Censor Board, for exhibition. The motion pictures have been regarded as a form of speech and expression in India. The freedom of speech and expression under Article 19(1)(a) of our Constitution, is guaranteed to all the citizens along with reasonable restriction under Article 19(2), on certain grounds. The power of the legislation for the censorship of films, is vested with the Parliament under Entry 60 of the Union List of the Schedule VII of the Constitution of India. The States can also make laws on cinemas under Entry 33 of the State List, subject to the provision of the central legislation. The Cinematograph Act, 1952 and the Cinematograph (Certification) Rules, 1983, (for short, 'the Rules of 1983'), have been enacted to provide for the certification of the cinematograph films for exhibition and for regulating their exhibition. The Act empowers the Central Government to constitute a Censor Board consisting of upto 25 members for sanctioning the films for public exhibition. The Censor Board sanctions the films for restricted or unrestricted public exhibition, or may direct to carry out necessary modifications, or refuse to sanction the film for public exhibition. Section 5 -B(1), provides for grounds for the restriction for public exhibition, which is in consonance with Article 19(2) of the Constitution. Sub -section 2 empowers the Central Government to issue necessary guidelines in this regard.;