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The section further provides that anything done or action taken by the Chairman or other member specified in the order shall be deemed to be a thing done or action taken by the Board. Ratio |
From the provisions of sec.7B read with the Government order dated January 21, 1987, it becomes clear that the constitution of the First Revising Committee by the member at the Madras Regional Office is not vulnerable to any attack. Ratio |
It is legally justified and unassailable. Ratio |
The conclusion to the contrary reached by the High Court is apparently unwarranted. Ratio |
We also do not find any justification for the observa tion of the High Court that there was unusual favour shown to the producer by the First Revising Committee in reviewing the film. Ratio |
It is true that the film was reviewed within 2 3 hours of the presentation of the application. Ratio |
But there is no reason to attribute motives either to members of the Committee or to the producer. Ratio |
In matters of certification of films, it is necessary to take prompt action by the respec tive authorities. Ratio |
The producer who has invested a large capital should not be made to wait needlessly. Ratio |
He has a statutory right to have the validity of ,the film determined in accordance with law. Ratio |
It would be, therefore, proper and indeed appreciative if the film is reviewed as soon as it is submitted. Ratio |
There are two other side issues which may be disposed of at this stage. Ratio |
The scene with song No. 2 in reel No. 3 and the comments by the heroine of looking at the photo of Dr. Ambedkar, have come under serious criticism. Ratio |
It is said that the song has the effect of spreading 'Kulachar ' which is 'Poisonous message ' to the depressed classes not to educate their children. Ratio |
The complaint, if true, is serious. Ratio |
We, therefore, gave our anxious consideration to the grievance. Ratio |
We, as did the High Court, viewed the movie. Ratio |
The cobbler sings the song in question with his grandson who is eager to go to school. Ratio |
The song contains references to Kamaraj, Anna and MGR who without even college education became Chief Ministers. Ratio |
The cobbler asks the grandson: "What are you going to achieve by education? and don 't forsake the profes sion you know and you can educate yourself as a cobbler. Ratio |
" 220 While these and other exchanges are going on between the cobbler and grandson, the heroine comes and insists that the boy should go to school. Ratio |
They agree to her suggestion with "Vanakkam, Vanakkam". Ratio |
The song thus ends with a happy note and the cobbler agrees to send his grandson to school. Ratio |
It is true as pointed out by counsel for the respondents that one or two references in the song are not palatable, but we should not read too much into that writing. Ratio |
It is not proper to form an opinion by dwelling upon stray sentences or isolated passages disgregarding the main theme. Ratio |
What is significant to note is that the cobbler ultimately does not insist that his grandson should continue the family pursuits. Ratio |
He accepts the suggestion made by the heroine. Ratio |
It is, therefore, wrong to conclude that the song was intended to convey poisonous message against the inter ests of depressed classes. Ratio |
The criticism on the alleged comments on Dr. Ambedkar is equally unsustainable. Ratio |
The confusion perhaps is due to the pronounced accent of an English word in the course of Tamil conversation. Ratio |
The matter arises in this way: Sastry shows the photograph of Dr. Ambedkar to heroine and enquires whether she likes it. Ratio |
Then she makes certain comments. Ratio |
According to the High Court, she states, "Dr. Ambedkar worked for the poor. Ratio |
Not for 'par '. Ratio |
If she states like that, it is certainly objectionable since Dr. Ambedkar did everything to have an egalitarian society. Ratio |
But while viewing the film, we could not hear any such word used by the heroine. Ratio |
On the other hand, we distinctly noted her saying, "Dr. Ambedkar worked for the poor, Not for power. " Ratio |
This being the remark there is no basis for the criticism of the High Court. Ratio |
The last complaint and really the nub of the case for the respondent is about the reel No. 14 covering the court scene where Karuppayee and Sastry are prosecuted for offence of obtaining a false caste certificate. Ratio |
The reel No. 14 contains almost a dialogue between the prosecution lawyer and Karuppayee. Ratio |
She criticises the reservation policy of the Government. Ratio |
She states that during the British regime, the people enjoyed educational freedom, and job opportunities which were based on merit criteria and not vote caste in a particular constituency. Ratio |
Then the prosecution lawyer puts a question "why do you regret this Madam? Was not 'Bharat Matha ' under shackles then?" She replies: "You are right. Ratio |
Now "Bharat Matha" is under animals ' hands. Ratio |
" On a further question from the prosecutor she explains that her reference to 'animals ' hands is only to those who incite caste, language and communal fanaticism, thus confusing people and making it their profession. Ratio |
She also states that it is the Government and its laws that have made her and her father to tell a lie. Ratio |
The presiding Judge interrupts with a question: "What is wrong in the Government approach? Can you elaborate?" She replies: "That it is wrong not to give credence to her merit and evaluate the same on the basis of her caste and such evaluation would put a bar on the progress." She goes on to explain "Your laws are the ... |
You have made propaganda in nook and corner stating "Be an Indian, Be an Indian". Ratio |
And if I proudly say I am an Indian then the Government divides saying 'no, no, no, . . Ratio |
You are a Brahmin, you are Christian, you are a Muslim. Ratio |
It is the Government that divides. Ratio |
" Then she puts a question to herself: "What is the meaning of "Be an Indian?" She explains that it must be without caste, creed and commu nal considerations, from Kashmir to Kanyakumari, the country must be one. Ratio |
She then blames the Government with these words: "The Government in dealing with all has no one face. Ratio |
Take any application form they want to know your caste and religion. Ratio |
When all are Indians where is the necessity for this question. Ratio |
You have divided the people according to caste. Ratio |
Then if you reel off on "National integration" will not the public laugh. Ratio |
" As to the reservation policy to those who are backward she says: "On Gods name, I have no objection in providing all concessions to those who are backward. Ratio |
The list of those belonging to forward sections and backward sections could be prepared on the basis of economic considerations. Ratio |
And those below a specified limit of income be included in the back ward list. Ratio |
" How did the High Court look at it? On the remark of heroine as to the situations that existed during British administration, the High Court observed thus: "It is preposterous and offensive to claim that education was independent when India was under British rule and that, after independ ence it is not there. Ratio |
" The High Court also said: "That any denigration of Rule of law would never 222 bring orderly society. Ratio |
To preach that it is only law that prompted them to utter falsehood and in its absence they would not have done it is a wrong way presenting a view point. Ratio |
" As to the allegations that 'Bharat Matha ' is now in the hands of politicians, who are instigating the masses on the basis of caste and language, etc., the High Court remarked: "If this sort of decrying India for being an independent nation is to be projected in films repeatedly, then in course of time, citizens will... |
With this sort of glori fication made, how could it be claimed that the film stands for national integration. Ratio |
That was why one Member rightly said that it is a hollow claim. Ratio |
Hence Guideline 2(vi) and (vii) are contravened. Ratio |
" On the total impact of the film, the High Court observed: "That certain peculiar factors will have to be taken into account because of guidelines 3(i) and 3(ii). Ratio |
This film is in Tamil. Ratio |
It deals with reservations now extended to large sections of people on a particular basis, and who have suffered for Centuries, and at a time when they have not attained equality and when their valuable rights which are secured under the Constitution is attempt ed to be taken away, they get agitated. Ratio |
This film taken in Tamil for Tamil population on being screened in Tamil Nadu, will certainly be viewed in the background of what had hap pened in Tamil Nadu during the preceding four decades, and the reactions are bound to be volatile. Ratio |
" We find it difficult to appreciate the observations of the High Court. Ratio |
We fail to understand how the expression in the film with criticism of reservation policy or praising the colonial rule will affect the security of the State of sovereignty and integrity of India. Ratio |
There is no utterance in the film threatening to overthrow the Government by unlawful or unconstitutional means. Ratio |
There is no talk for secession either. Ratio |
Nor there is any suggestion for impairing the inte gration of the country. Ratio |
All that the film seems to suggest is that the existing method of reservation on the basis of caste is bad and reservation on the basis of economic back wardness is better. Ratio |
The film also deprecates exploitation of people on caste considerations. Ratio |
This is the range and rigor of the film. Ratio |
The High Court, however, was of opinion that public reaction to the film, which seeks to change the system of reservation is bound to be volatile. Ratio |
The HIgh Court has also stated that people of Tamil Nadu who have suffered for centuries will not allow themselves to be deprived of the benefits extended to them on a particular basis. RLC |
It seems to us that the reasoning of the High Court runs a foul of the democratic principles to which we have pledged ourselves in the Constitution. Ratio |
In democracy it is not necessary that every one should sing the same song. Ratio |
Freedom of expression is the rule and it is generally taken for granted. Ratio |
Every one has a fundamental right to form his own opinion on any issue of general concern. Ratio |
He can form and inform by any legitimate means. Ratio |
The democracy is a Government by the people via open discussion. Ratio |
The democratic form of government itself demands its citizens an active and intelligent participation in the affairs of the community. Ratio |
The public discussion with people participation is a basic feature and a rational process of democracy which distinguishes it from all other forms of government. Ratio |
The democracy can neither work nor prosper unless people go out to share their views. Ratio |
The truth is that public discussion on issues relating to administration has positive value. Ratio |
When they ignore it, they go inside themselves and find out what is there. Ratio |
They elaborate their prejudice instead of increasing their knowledge. Ratio |
In Maneka Gandhi vs Union of India, [1978] 2 SCR 621 Bhagwati J., observed at 696: "Democracy is based essentially on free debate and open discussion, for that is the only corrective of Government action in a democratic set up. Ratio |
If democracy means government of the people by the people. Ratio |
it is obvious that every citizen must be entitled to participate in the democratic process and in order to enable him to intelligently exercise his right of making a choice, free and general discussion of public matters is absolutely essential." 224 The learned judge in Naraindas vs State of Madhya Pradesh,[1974] 3 SCR... |
As pointed out by Mr. Justice Holmes in Abramson vs United States, ; "The ultimate good desired is better reached by free trade in ideas the best test of truth is the power of the thought to get itself accept ed in the competition of the market. Ratio |
" There must be freedom of thought and the mind must be ready to receive new ideas, to critically analyse and examine them and to accept those which are found to stand the test of scrutiny and to reject the rest. Ratio |
" In Sakal vs Union of India, ; at 866, Mudholkar, J. said: "This Court must be ever vigilent in guarding perhaps the most precious of all the freedoms guaranteed by our Constitution. Ratio |
The reason for this is obvious. Ratio |
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