DIRECTOR GENERAL, DIRECTORATE GENERAL OF DOORDARSHAN AND ORS. versus ANAND PATWARDHAN

Citation: [2006] SUPP. 5 S.C.R. 403 · Decided: 25-08-2006 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Dismissed

Judgment (excerpt)

DIRECTOR GENERAL, DIRECTORATE GENERAL OF 
A 
DOORDARSHAN AND ORS. 
v. 
ANAND PATWARDHAN 
AUGUST 25, 2006 
B 
[DR. AR LAKSHMANAN AND LOKESHWAR SINGH PANTA, JJ.] 
Constitution of India, 1950: 
Articles !9(I)(a) and 19(2)-DocumentG/y fil1JJ--Given U/A certificate C 
by Central Board of Film Certification-Tele-casting of on National Channel 
of Doordarshan-Refusal on the ground that its telecast would be violative of 
policy of Doordarshan not to telecast 'A 'certified film-Held, the documentary 
film producer has a right to covey his perception on the oppression of women, 
flawed understanding of manhood and evils of communal violence through the D 
film produced by him-Scenes in the film must be seen in the context of its 
message and must be evaluated in its entirety-The film does not create any 
law and order problem and falls within the l!mits prescribed by the 
Constitution-Basic guidelines on the test of obscenity laid down-Reluctance 
of Doordarshan in telecasting the film deprecated-Indian Penal Code, 1860-
ss. 292 and 293-Cinematograph Act, 1952. 
E 
Respondent No. 1 made a <l_ocumentary film named as 'Father, Son 
and Holy War'. The first part of the film depicted the problems faced by 
Hindu and Muslim women within their own religions and dealt with the 
social realities and issues such as patriarchy, violence, fundamentalism, F 
suppression of women etc.; and the second part thereof was with regard 
to values of manhood and displayed the inner psyche of men and how they 
got socialized into believing that violence was desirable. The first part of 
the documentary was given 'U' certificate and the second part thereof was 
given" A" certificate by the Film Censor Board. The respondent submitted 
his documentary film to Doordarshan for telecast on its National network G 
in 1995, but the Doordarshan refused to telecast the film in view of its 
circular dated 14.8.1996 stating that Doorda_rshan would not telecast any 
'A' certified feature film. This led to a litigation between the parties which 
went upto the Supreme Court. Thereupon, the film was screened by 
403 
H 
404 
SUPREME COL!RT REPORTS (2006] SUPP. 5 S.C.R. 
A different Olmmittccs. Ultimately a larger Committee recommended the 
screening of the documentary film on Doordarshan. However, the Prasar 
Bharati Board pre-reviewed the film and opined that it contained scenes 
which could promote violence, its production quality was unsatisfactory 
and its telecast would be violative of the policy of Doordarshan not to 
B screen" A" certified films. The respondent again filed a writ petition before 
the Bombay High Court which directed the Doordarshan to exhibit the 
film. Aggrieved, the Doordarshan filed the present appeal. 
c 
The Court viewed the screening of the documentary film. 
Dismissing the appeal, the Court 
HELD: I. I. The observation of the Prasar Bharati Board that the 
film is not suitable due to unsatisfactory production quality and that the 
film has nothing specific to convey in public interest is highly irrational 
and incorrect. The documentary was given two awards in 42nd National 
D film festival, 1995 conducted by Ministry of Information and 
Broadcasting, Government of India as 'Best Investigative Film' and 'Best 
Film on Social Issues'. The view of Prasar Bharati is in contrast with the 
opinion expressed by the two committees constituted by the appellants. 
The first committee held that the film had a secular message relevant to 
our times and our society and it was a critique of the current concept of 
E masculinity and the violence it legitimises. The second committee said that 
it was a very good film and must be shown. Ordinarily the decision of the 
screening committee in all cases shall be final as per para 5(viii) of the 
guidelines laid down by the Ministry of Information and Broadcasting for 
telecasting films. 1413-B-F) 
F 
1.2. In the instant case, the guidelines relied upon by the Doordarshan 
are not even framed under the Cinematograph Act but they are merely 
internal guidelines for the guidance of the officials of the Doordarshan. 
Therefore, it would not be proper to deny telecast of an award winning 
documentary merely on the ground that the second part of the 
G documentary is certified as "A" by the Censor Board. A documentary 
cannot be denied exhibition on Doordarshan simply on account of its" A" 
certification or "UA" certification. 1443-G-Hl 
1.3. The fil:n no doubt deals with the communal violence. But, the 
at

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