The makers of web series ‘Tandav’ are not entitled to anticipatory bail. Aparna Purohit, content director of Amazon Prime Videos, denied anticipatory bail by Allahabad High Court
The basic philosophy of the Constitution is to permit the people of all faith to practice, profess and propagate their religion freely without hurting or acting against the people who profess or practice different religious faith than theirs.
Therefore, it is a onerous duty of every citizen to respect the feelings of the people of other faith even while making a fiction.
The irresponsible conduct against the inherent mandate of the Constitution of India by anyone affecting the fundamental rights of the large number of citizens cannot be acquiesced to only because of the tendering of unconditional apology after committing the alleged act of crime and indiscretion.
The reference to the disclaimer cannot be considered to be a ground for absolving the applicant of permitting the streaming of an objectionable movie online.
The use of the word “TANDAV” as the name of the movie can be offensive to the majority of the people of this country since this word is associated with a particular act assigned to Lord Shiva who is considered to be creator, conservator and destroyer of the mankind all together.
Speech or expression causing or likely to cause disturbance or threats to public order or divisiveness and alienation amongst different groups of people or demeaning dignity of targeted groups,is against the Preamble of the Constitution of India. It violates dignity, liberty and freedom of others and poses threat to the unity and integrity of the nation and may be dealt as per Sections 153-A,295-A and 505(2) I.P.C.
A brazen tendency of Hindi cinema:
This Court takes further judicial notice of the fact that whenever such crimes are committed by some citizens of the country, like the applicant and her co-accused persons, and it is made the subject matter of demonstration and public protest, the forces inimical to the interest of this country become active and they make it an issue and raise it before different national and international forums alleging that the Indian citizens have become intolerant and “India”has become unsafe place to live.
Even in the liberal democracies of the West, it becomes a topic of debate and the Indian diplomacy has to face tough time protecting the interest of the country and assuring the international community that the protests made against such acts are stray and genuine and it is not mark of any intolerance in the country as a whole. Western filmmakers have refrained from ridiculing Lord Jesus or the Prophet but hindi filmmakers have done this repeatedly and still doing this most unabashedly with the Hindu Gods and Godesses. Things are worsening as is evident from the fact that an obscure stand-up comedian, Munawar Faruqui, from Gujarat made comments on Hindu God and Godesses in a new year show at Indore and gained undue publicity on being arrested in a case. This shows that from films this trend has passed to comedy shows. Such people make the revered figures of religion of majority community source of earning money in most brazen manner taking benefit of the liberal and tolerant tradition of country.
This Court further takes notice of the fact that number of movies have been produced which have used the name of Hindu Gods and Goddesses and shown them in disrespectful manner (Ram Teri Ganga Maili, Satyam Shivam Sundram, P.K., Oh My God, etc.).Not only this, efforts have been made to subvert the image of historical and mythological personalities (Padmavati). Names andicons of faith of majority community have been used to earn money(Goliyon Ki Rasleela Ram Leela). This tendency on the part of the hindi film industry is growing and if not curbed in time, it may have disastrous consequences for the Indian social, religious and communal order. There appears to be a design behind such acts on the part of the people who just give a disclaimer in all the films and depict things in the movies which are really religiously, socially and communally offensive in nature. The young generation of the country, which is not much aware of the social and cultural heritage of this country, gradually starts believing what is shown in the movies by the people like the accused persons in the present moviein dispute and thereby, it destroys the basic concept of the survival of this country having tremendous diversity of all kinds as a united nation. Film industry in south has not indulged in such acts like the hindi film industry.