Dismissed

Guinness Madasamy v. the Chairman, Film Censor Board of Kerala

Kerala HC7 Aug 2013WP(C)/19540/2013

Case brief

AI extract

What is this about?

The Writ Court dismissed a petition seeking a ban on a Malayalam film's release due to a depiction of childbirth. The Court noted the film held a 'UA' certificate and the acting woman consented to the scene, finding no violation of fundamental rights regarding the nation's culture or children's rights.

What did the court decide?

The court dismissed the writ petition seeking a ban on the film's release.

Guinness Madasamy Vs the Chairman, Film… — Constitutional and Fundamental Rights | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 7TH DAY OF AUGUST 2013/16TH SRAVANA, 1935

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WP(C).No. 19540 of 2013 (S)

PETITIONER(S):

GUINNESS MADASAMY

MEMBER, INTERNATIONAL PEACE BUREAU, PEERMADE -IDUKKI KERALA PIN 685 531

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BY ADV. GUINNESS MADASAMY (PARTY IN PERSON)

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RESPONDENT(S):

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THE CHAIRMAN, FILM CENSORSHIP BOARD OF KERALA KINFRA PARK, TRIVANDRUM

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SHRI.BLESSY

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FILM DIRECTOR OF KALIMANNU, C/O.AMMA, PTC ROAD VAZHUTHACAUD, TRIVANDRUM-695 014

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SMT.SWETHA MENON

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ACTRREESS, KLALIMANNU CINEMA, C/O.AMMA P.T.C.ROAD, VAZHUTHACAUD, TRIVANDRUM-695 014

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R1 BY SPECIAL GOVERNMENT PLEADER SMT.GIRIJA GOPAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19540 of 2013 (S)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF MEMBERSHIUP CERTIFICATE ISSUED TO THE PETITIONER BY INTERNATIONAL PEACE BUREAU SWITZERLAND DATED 17/10/2010

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EXHIBIT P2 TRUE COPY OF GUINESS WORLD RECORD CERTIFICATE ISSUED TO THE PETITIONER BY GWR AUTHORITY, LONDON DATED 29/11/2011.

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EXHIBIT P3 TRUE COPY OF ARTICLE ON PETITIONER PUBLISHED BY VIBRANT KERALAM ISSUED IN MAY 2012

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EXHIBIT P4 TRUE COPY OF LETTER ISSUED TO THE PETITIONER BY UNITED NATIONS, HNUMAN RIGHTS COMMISSIONER DATED 19/10/2012

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EXHIBIT P5 TRUE COPY OF NEWS PAPER CUTTING (DESHABIMANI DATED 28/7/2013)

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EXHIBIT P6 TRUE COPY OF TRANSLATION IN ENGLISH OF NEWS CUTTING IN RESPECT OF SERIAL NO.8

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RESPONDENT(S)' EXHIBITS : NIL

//True copy//

PA to Judge.

uj.

MANJULA CHELLUR, C.J. & A.M.SHAFFIQUE,J.

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-------------------------------------------W.P.(C).No.19540 OF 2013

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Dated this the 7^th day of August, 2013

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JUDGMENT

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Manjula Chellur,C.J.

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The writ petition is filed seeking the following

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reliefs.

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Kindly issue a writ of Mandamus or any other appropriate writ, direction or order, directing the respondents to screen their KALIMANNU cinema without delivery scene as the Cinema is ready to release on 9/8/2013;

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Kindly grant such other reliefs and remedy as this Hon'ble Court may deem fit and proper in the circumstances of this case.

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The reliefs sought in effect is, releasing of cinema “Kalimannu”, a Malayalam film would violate the fundamental rights enshrined in Indian Constitution and against the rights of the child. According to the petitioner, the release of cinema will have ugly effect on the minds of the society which would tarnish reputation and image of

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WPC. 19540/13

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the nation, i.e tradition and culture of the nation. The main contentions raised in the writ petition are, if the respondents are allowed to screen the cinema with the scene of delivery, the prestigious culture of India will be tarnished resulting private and sacred moment of women's life will be exhibited globally.

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We are informed that the film has already passed through the process of different stages and is ready for release. So far as the Censor Board is concerned, we are told that the film was viewed by Censor Board along with five women members and after that the Censor Board has decided to certify it as 'UA' category. The petitioner fairly admits, he has not seen the preview of the film, therefore what is to be exhibited in the film is not known. When the Censor Board has issued 'UA' certificate, the only restriction would be, the children under the age of 12 are also entitled to see the film provided they have parental guidance while watching the movie. Apart from this, we do

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WPC. 19540/13

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not find any violation of the guaranteed fundamental rights especially, when the woman who consented to act and agreed for shooting the movie including child birth has no objection of any nature.

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This writ petition is dismissed accordingly.

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MANJULA CHELLUR, CHIEF JUSTICE.

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A.M.SHAFFIQUE, JUDGE.

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uj.

Guinness Madasamy v. the Chairman, Film Censor Board of Kerala

Case brief

What is this about?

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Guinness Madasamy v. the Chairman, Film Censor Board of Kerala

Case brief

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