T KANNAN Vs. LIBERTY CREATIONS LTD

JUDGEMENT

(1.) THE petitioner has filed this writ petition in public interest, for a mandamus directing the first respondent to delete the song, "bhagwan Oru Naal Aagayam Padaichar. . . " (gfthd; xu ehs; Mfhak; gilr;rhh;) featuring in the Tamil film "perriyar" before releasing the film and for a further direction to the fifth respondent/censor Board to re-consider the censor certificate issued to the said film.

(2.) THE film "perriyar" is produced by the first respondent and is based on the life of Periyar E. V. Ramasamy. The film is yet to be released, but the audio cassettes containing the songs of the film have been released by respondents 1 and 2. The third respondent, who is a well known poet in Tamil, has written the songs of the film. The fourth respondent, viz. , the State of Tamil Nadu has sanctioned financial assistance for production of the film. The Censor Board has cleared the film for exhibition by grant of 'u' Certificate.

(3.) THE petitioner takes exception to the song "bhagwan Oru Naal Aagayam Padaichar. . . " featuring in the film "perriyar" on the ground that it contains vulgar criticism of Goddess Sita. The petitioner has alleged that the song comments on her chastity and modesty and ridicules the mythological characters of Lord Rama and Goddess Sita. According to him Lord Rama and Goddess Sita are worshipped by millions of Hindus not only in India, but also around the world. Further according to him the Hindu way of life is mainly based on the epic, "ramayana", and each and every event and character of "ramayana" is holistic to Hindus.