SANT ESHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Does the film 'Gadar'give the petitioner a cause to complain? Should the screening of this film be stopped because a section of the society is alleged to have"reacted strongly against certain scenes"? This is the core of the controversy in this case. First, the facts.

(2.) The petitioner is a young Sikh scholar. He claims to be aware of the history, scriptures and religious tenets of the Sikhs. He alleges that the film 'Gadar'has scenes, which offend the religious susceptibilities of the Sikhs. It depicts the horrors of partition of 1947. The story as given in the film is"the figmenet of the imagination of the story writer of the film and the director." It"maligns the religious symbol of the Sikh faith, tradition" and defames the Amritdhari Sikhs and Nihang Singhs. The 'Nishan Sahib,'a holy symbol, has been"misused for an ignoble purpose." It has been used"for the purpose of looting, plundering and rape which is against the Sikh traditions" and history. The film depicts the 'Amritdhari Sikhs'and the 'Nihang Singhs'going with the mob"to forcibly abduct the Muslim girl from her captor. . . . . . . ." It shows that the Amritdhari Sikh was arguing with the hero of the film that he would rape"the Muslim girl first". The fight with a Nihang Singh in his traditional uniform is uncalled for.

(3.) The petitioner alleges that the Nihangs"constitute a distinct order among the Sikhs and are readily recognized by their dark blue loose apparel and their ample peaked turbans, festooned with insignia of the Khalsa, made of steel. To make such a Sikh or Singh to fight for abducting a helpless Muslim girl and later made to run is really an anti-Sikh character. It is defaming the whole sect of the Nihang Singhs. These Sikh characters in the film are really (an) anti-thesis of Sikh character throughout the history". The film"gives the impression that there is a deliberate attempt to show that there is no difference between Sikhism and Hinduism. The culture and tradition of both the religions are the same". However, this is not correct. Sikhism has its own traditions and culture. The Sikh women do not put vermilion mark on their forehead or in the hair. Despite this, the hero of the film by putting"blood on that spot of the Muslim girl" says that now she has become a 'Sikhni'(a Sikh lady). Similarly, the Sikh women do not wear 'Mangal Sutra'but in the film, it has been shown like that.