Artistic Freedom Subject to Constitutional Limits, Says Madras High Court While Upholding Ban on Film

The Madras High Court has upheld the Central Board of Film Certification's (CBFC) decision to deny certification to the Tamil film Lakshmi Lawrance Kadhal, holding that a filmmaker's right to creative expression cannot override the constitutional restrictions imposed under Article 19(2) when a film is likely to disturb cultural or religious harmony.

Justice R. Kalaimathi dismissed an appeal filed by the film's producer, Youreka Cinema School, challenging the CBFC's refusal to certify the film. The producer argued that the refusal violated the right to free speech under Article 19(1)(a), lacked adequate reasons and that the Board should have suggested cuts instead of refusing certification altogether.

Rejecting these submissions, the Court held that the producer had been granted sufficient opportunity to present his case before both the Examining Committee and the Revising Committee. It also found that the reasons recorded by the CBFC were adequate and could not be described as arbitrary or cryptic.

The Court observed that while filmmaking is protected as a form of artistic expression, the freedom is subject to reasonable restrictions under Article 19(2). Referring to the film's storyline, which portrayed a Hindu woman performing

Bharatanatyam to Christian devotional songs throughout the narrative, the Court agreed with the CBFC that the theme could adversely affect religious sentiments and social harmony. Since the objectionable content formed the core of the film, the Court held that merely deleting a few scenes would not resolve the issue.

Accordingly, the High Court upheld the CBFC's refusal to grant certification to the film.