"..You are asking us to entertain an area which deals with perceptions
and opinions. Further, morality yardsticks are to be decided by the
government. We cannot decide the issue. We are not sure whether the
show has brought out the truth of many people but it is certain that
it has brought out the hypocrisy of various ministers and
parliamentarians.."


HC: 'Why Do You Not Simply Switch Off The TV?' New Delhi  Jul 29, 2009

Stating that 'moral policing' is not its job, the Delhi High Court
today dismissed the two petitions seeking a stay on the controversial
TV programme Sach Ka Samna, being aired on Star Plus.

"Moral policing is not a function of the High Court. We are here not
to decide it," said a Division Bench headed by Chief Justice A P Shah,
while declining to stay the telecast of Sach Ka Samna, a game show
where contestants are asked a series of prying questions.

The court further advised petitioners Deepak Maini and Prabhat Kumar,
who had alleged that the programme was against the values of the
Indian society, to approach the government over the issue.

Rejecting the petition, the court said, "This is for the government to
decide. It is not the function of the court. We are not concerned."

The court did not agree with the allegation that the show is "obscene
and against Indian culture and ethos".

"Our culture is not so fragile that it will be affected by one TV
show. Moreover, nobody in his individual capacity can be allowed to
take upon the social order and ask for directions," the court said.

On the allegation that it would lead to a bad effect on children, the
court said, "In this land of Gandhi, it appears that nobody follows
Gandhi… Follow the Gandhian principle of ’see no evil’. Why do
you not simply switch off the TV? "

"We have very good advice for you. You have got two judges sitting
here who do not watch TV at all. It will certainly help. Individual
ideas of morality are not the business of the court. We are not
sitting here for moral policing… You approach the Parliament and get
the remedy."

“The courts cannot be expected to deal with issues that involve
different individual perceptions."

"You are asking us to entertain an area which deals with perceptions
and opinions. Further, morality yardsticks are to be decided by the
government. We cannot decide the issue. We are not sure whether the
show has brought out the truth of many people but it is certain that
it has brought out the hypocrisy of various ministers and
parliamentarians.

"It is for the government to decide whether the programme should be
banned or not. It is not the function of the court ... There are far
more serious problems in this country which we have to settle," the
Bench said, in a scathing indictment, since after an uproar in
Parliament over the same show, the I&B ministry had issued a show
cause notice to Star Plus, the channel where the show is being
televised.

The first episode of Sach Ka Samna had created quite a furore over the
reported remarks of former cricketer Vinod Kambli about his
school-friend Sachin Tendulkar.

The show is based on American TV's Moment of Truth, in which
contestants are asked 21 questions, mostly personal in nature. Those
who pass the polygraph test become eligible to win up to Rs one crore
as prize money.

The court also declined to entertain the plea to have a regulator for
TV shows on the pattern of the Censor Board and such shows should be
certified by such a regulator.

"We cannot direct the government. This is not the functions of the
court. There are far more serious problems, which we have to decide,"
said the court.

http://news.outlookindia.com/item.aspx?663612

-- 
http://venukm.blogspot.com

http://www.shelfari.com/kmvenuannur

http://kmvenuannur.livejournal.com

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