New Indian Express
CHENNAI: In a significant judgment against the portrayal of vulgarity and obscenity in films, the Madras High Court on Friday ordered that the Censor Board certification given to controversial Tamil film New be revoked.
As a result, the film, which had its successful first run in fully packed theatres for several weeks all over the State, cannot have its second and subsequent runs and cannot be screened in television channels and private cable TVs.
The film conveyed only one message - namely, vulgarity and vulgarity alone, a Division Bench, comprising Justice M Karpagavinayagam and Justice S Ashok Kumar, observed. Last year, the two judges had watched the film at a special screening.
The Bench observed that if it were constrained to pass the order as otherwise, it would amount to allowing a black spot to be alive forever in the history of Tamil film world.
The
Bench also pulled up the Regional Officer of the Censor Board of Film Certification for giving clearance to the film. The Board did not give due consideration while certifying the film. It failed to do its duty and gave the certification unmindful of its (film) evil influence on the people, particularly the youth, it said.
The Bench directed the State Chief Secretary to ensure proper implementation of the Cable TV Networks (Regulation) Act and the Tamil Nadu (Compulsory Censorship of Film Publicity Materials) Act.
It also directed the City Police Commissioner to ensure that the two cases, one filed by the Board and the other by its woman member against producer Surya, were investigated and reports filed immediately before the court of law.
The Bench was allowing a writ petition from advocate A Arulmozhi, who sought a direction to revoke the CBFC certification given to the film.
Allowing the petition, the Bench observed that the purpose of producing
the film was to arouse the sensual feelings of the public.
When a woman-member of the Board objected to giving certification to the film, the producer had picked up a quarrel with her and made an attempt to assault and abuse her. The woman lodged a complaint with the police and a case was registered, the Bench pointed out.
The publicity materials, which were not allowed by the Board, had been screened and published in violation of the provisions of the TN (Compulsory Censorship of Film Publicity Materials) Act. The obscene scenes and clippings were telecast in all TV channels.
The State Government had also not taken any steps to stop it. And the CBFC had lodged a complaint with the police.
Though an A certification was given to the film, it was screened as an A/U film. In some theatres, the film was shown in full, including the censored portions, the Bench pointed out.
There were several scenes, which were vulgar and obscene catering to the
baser instincts of the audience. Countless number of dual-meaning dialogues showed sexual perversion, the Bench said.
In view of the utter violations of the statutory provisions and the guidelines and also the failure on the part of the Board to take into consideration the general principles while certifying the film... the certificate issued had to be held invalid and liable to be revoked, the Bench added.
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