No freedom of expression for National Anthem

Ram Gopal Varma, a well known film maker who has made some of the path breaking films in Bollywood, moved Supreme Court against a ruling by Central Board of Film Certification (CBFC) set up under the Cinematography Act, 1952 which had denied Varma the permission for release of the promo on the grounds that the song, Jana Gana Mana Rann, in his forthcoming film titled Rann, had distorted and tampered with the National Anthem and thus violative of the Cinematograph Act and the rules relating to the national anthem contained in the Prevention of Insult to National Honour Act, 1971.

As per the reports, the Supreme Court disapproved of said song saying that nobody has the right to tinker with the National Anthem.The Bench said, “We have read it (the script of the song). It gives a total negative sense. It appears that every line of the national anthem has been proved wrong.”
The Court refused to grant any urgent legal relief to the director and told him to first approach the appellate tribunal, set up under the Cinematography Act, 1952 to challenge the board's decision and also asked the tribunal to decide on Varma's claim the board's decision within a month.

The director challenged the board's decision under Article 19(1) (a) of Constitution of India which guarantees freedom of speech and expression. He has claimed that the song is an independant body of work and merely uses the national anthem in a respectful manner for the purpose of artistic expression. It was also contended on his behalf that Board's decision made television channels and mobile service providers averse to the promos for the fear of insulting the National Anthem.

It would be interesting to see how Varma's artistic expression violates the restriction to freedom of speech under Article 19(2) and section5B of the Indian Cinematograph Act and undermines 'the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence' and also how it violates section 3 of Prevention of Insult to National Honour Act.

The moot question would be whether adaptation of the lyrics of National Anthem amount to 'distortion' and whether such adaptation amount to violation of 'public order, decency or morality'. Section 292 of Indian Penal Code defines "obscenity" as 'a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is if taken as a whole tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances to read, see or hear the matter contained or embodied in it'.

Further, Government of India, Ministry of Information and broadcasting, on 6
December, 1991 has by order issued guidelines to the Board [44 S.O. 836(E)] for the purpose of film certification:
"(a) The objectives of film certification will be to ensure that :
- the medium of film remains responsible and sensitive to the values and standards of society;
- artistic expression and creative freedoms are not unduly curbed.
(b) In pursuance of the above objectives, the Board of Film Certification shall ensure that:
-- Scenes -
(c) showing involvement of children in violence as victims or as perpetrators or as forced witness to violence, or showing children as being subjected to any form of child abuse;
-human sensibilities are not offended by vulgarity, obscenity or depravity;
- scenes degrading or denigrating women in any manner are not presented.
- Visuals or words contemptuous of social, religious or other groups are not presented.
- Visuals or words involving defamation of an individual or a body of individual or contempt of court are not presented.
(d) The Board of Film Certification shall ensure that the film :
- is judged in the entirety from the point of view of its overall impact; and
- is examined in the light of the period depicted in the film and the contemporary standards of the country and the people to which the film relates, provided that the film does not
deprave the morality of the audience."

It would be interesting to see how the balance between artistic expression and restriction to the same is maintained by the Appellate Board for Film certification.