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SC's Order on 'Padmavat'

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January 19, 2018

 

Why in news?

  • The Supreme Court has stayed the notifications and orders by certain States to prohibit the exhibition of the movie Padmaavat.
  • Click here to know the controversy with the movie.

What is the rationale?

  • There were apprehensions that states were sympathising with fundamentalist elements for protecting the vote banks.
  • Notably, Rajasthan, Gujarat, Haryana and Madhya Pradesh have been explicit in voicing support for the protestors who have clearly violated the law.
  • However, these were legally masked as “law and order issues” to curtail freedom of expression.
  • Freedom of speech is indeed subject to reasonable restrictions (like public order) under article 19.
  • But governments should not succumb to the use of “violent threats and intimidations” by fringe groups.  
  • The SC has thus ruled that states have to balance between the twin responsibility of protecting free speech and maintaining law and order.
  • States cannot choose between the two or compromise one for the other as both are important state duties.

Is the call for a ban justified?

  • The film does not claim any historical accuracy and the protestors taking offence have not even seen the film.
  • Despite this, several cuts were already suggested by a special panel formed by the CBFC to re-examine the film after initial certification.
  • This was in addition to the filmmakers agreeing to change the name of the film from Padmavati to Padmaavat.
  • Notably, Padmaavat was the actual title of the medieval fictional poem which the movie is based on.
  • Given these responses for public sentiments, a further call for a ban seems irrational.

What lies ahead?

  • The state machinery should keep it responsive but not subdued to the fundamentalist attitudes in the society.
  • The state institutions should take serious note of the SC order to balancing between their varied roles to uphold the constitutional principles.

 

Source: The Hindu

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