VISHVA HINDU PARISHAD TAMIL NADU SHORTLY REFERRED TO AS VHP Vs. THE CHAIR PERSON, CENTRAL BOARD OF FILM CERTIFICATION (CBFC)

JUDGEMENT

(1.) This writ petition has been filed by Vishva Hindu Parishad-Tamil Nadu, represented by its Organising Secretary-S. Raja. Learned counsel appearing for the petitioner, by stating that every Religion is based on faith, in that, some do believe that their Messiah was born to a Virgin while others believe that depiction of their Prophet is forbidden, would submit that Hinduism is unique in its character where everything in the Universe, whether it is tree or squirrel, cow or crow, monkey or peacock and so on, is worshiped as the embodiment of God. Also, the Hindu religion believes that gods take avatars/incarnation at different ages in order to establish dharma-justice and extinguish adharma-injustice. One such avatar i.e., 3rd in the Dashavatara (10 avatars) of Lord Vishnu, is Varaha meaning Pig/Bore. There are temples built for the deity of Varaha and Hindus worship Varaha by performing pooja, ceremonies, festivals etc.

(2.) After so submitting, learned counsel would state that R-4 has produced a movie titled Uttama Villain, directed by R-5 & casted by the 6th respondent as a leading Artist, and though the said film is going to be screened in Theaters on the 1st of May 2015, the songs of the movie have been released recently. In one of the songs, commencing with the lyrics , while describing various avatars, the 6th respondent/Lyricist & Singer deliberately and intentionally criticized that Lord Vishnu has shamelessly proclaimed himself as pig/boar. Such a projection in the lyrics is not only a clear demonizing of Lord Vishnu but also such text defames, insults and maligns the unassailable faith and belief of Hindus, more particularly, the devotees worshiping Lord Vishnu. With that grievance, even though representations, dated 06.04.2014, seeking to delete the derogatory and objectionable contents in the lyrics, were made to the authorities, the 1st respondent, while certifying the film Uttama Villain, abruptly failed to adhere to the mandate as laid down in Section 5B of the Cinematograph Act, 1952, which clearly states,

(3.) Heard the learned Additional Government Pleader appearing for R2 and R3.