Films That Ridicule Religions Or Incite Hatred Can't Be Granted Certification In Secular Society: Delhi High Court

The Delhi High Court has ruled that in a diverse and secular society, certification cannot be granted to a film that ridicules religions, incites hatred or threatens social harmony.Justice Manmeet Pritam Singh Arora said that if a film makes it seem that taking the law into your own hands is something to be admired and celebrated, it can damage people's trust in the legal system and may suggest that using violence instead of following the law is acceptable.“When such dangerous ideas are combined with graphic scenes of killing and cannibalism, the subject matter film could seriously upset public peace and encourage others to act violently, putting the safety of society at risk,” the Court said. Justice Arora made the observations while dismissing the plea filed by Director of a movie “Masoom Kaatil” in 2022 challenging the Central Board of Film Certification (CBFC)'s decision to not allow its public release.The Director had not challenged the factual findings of the committees regarding the movie but had only contended that the film may be certified with an 'A' certificate and suitable cuts be suggested.Upholding the CBFC's decision, the Court observed that the content of the film is excessively or unnecessarily violent, gruesome in its portrayal without any redeeming factors and thus, not fit for public exhibition. “The exhibition of unchecked gore content as shown in the subject matter film is far from promoting social values and would instead brutalize minds and normalize lawlessness,” the Court said. Further, it was observed that the protagonists in the film take the law into their hands without impunity, adding that when such dangerous ideas are combined with graphic scenes of killing and cannibalism, the film could seriously upset public peace and encourage others to act violently, putting the safety of society at risk.“The subject matter film apparently contains not just violent content qua humans and animals but also insulting references to communities, derogatory remarks about religions, and caste based/communal statements. Such depictions fall within the express prohibitions of Rules 2 (i), (iii), (iv), (vii) and (xiii) of the 1991 guidelines, which prohibits any film likely to promote communal disharmony or offend religious sentiments,” the Court said.Justice Arora concluded that the fact that the protagonists of the film are minor is equally concerning as the said school going teenagers are shown to be involved in gore-violence, lawlessness, and anti-social acts. “The film fails to condemn or correct such behavior, thereby risking the moral of young viewers. This portrayal violates Rule 2 (iii) (a) of the 1991 guidelines, which prohibits films from corrupting the morality of children and susceptible audiences, and impermissibly glamorizes juvenile wrongdoing,” the Court said.It added that the freedom of artistic expression cannot be accepted in the teeth of the statutory framework i.e., the Act of 1952. The Court said that Article 19(1)(a) of the Constitution of India itself subjects Freedom of Speech and Expression to reasonable restrictions on grounds of decency, morality, public order, and incitement to offence, and that the content of the film traverses all the prohibitions in question.“The subject matter film stands as a clear example of a film which is fundamentally incompatible with the Act of 1952 and 1991 guidelines,” it said.Title: SHYAM BHARTEEY v. CENTRAL BOARD OF FILM CERTIFICATION REGIONAL OFFICER DELHI & ANRCitation: 2025 LiveLaw (Del) 1092Click here to read order

Films That Ridicule Religions Or Incite Hatred Can't Be Granted Certification In Secular Society: Delhi High Court

Nupur Thapliyal

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