Case 7 of 30 in Law Easy's Media Law series. Bobby Art International v. Om Pal Singh Hoon, Supreme Court of India, decided 1996.
FACTS
The film Bandit Queen told the true story of Phoolan Devi. The CBFC gave it an adult certificate with cuts, and the appellate tribunal relaxed some cuts. Om Pal Singh Hoon challenged the certificate in the Delhi High Court, arguing that the film was obscene, insulted womanhood and showed his community in a bad light. The High Court quashed the certificate.
WHAT THE COURT HELD
In a judgment by Justice S. P. Bharucha, the Supreme Court restored the adult certificate. The scene of Phoolan Devi being paraded naked was meant to create sympathy for the victim and disgust for the perpetrators, not to arouse lust. Recognise the message of the film, then ask whether each scene advances it. A film that shows an evil in order to condemn it is not obscene.
EXAM POINT
Nudity and violence in a film are judged in the context of the whole film and its message.
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