FARZANA BI Vs. BOARD OF FILM CENSORS

JUDGEMENT

(1.) THE Petitioner Smt. Farzana Bi is a Muslim lady who seeks the assistance of this Court for stopping the further exhibition of the film 'Nikah'.

(2.) TWO grounds have been urged before us. Firstly, the film begins with depiction of nude women showing that women have been suppressed by men. The second ground is that the film shows that a Muslim male cannot remarry his divorced wife unless and until after divorce she has been married with another person and both live as husband and wife and thereafter the second husband divorces her. According to the Petitioner this view of Muslim Law is a misrepresentation of the precepts of holy Quran. This may misguide the public. Such misrepresentation is also hurtful to the sentiments of the Muslim community and as such the misrepresentation comes within the mischief of Section 153A of Indian Penal Code. Continued exhibition of the film containing such misrepresentation is liable to affect public order.

(3.) THE first ground has no substance. Mere showing of nude female form is not necessarily obscene. It has not been alleged that the manner in which the nude pictures appear in the film is such that it is likely to arouse unhealthy lustful thoughts in the minds of viewers.