The Supreme Court on Wednesday refused to stall the release of an animated movie on Lord Jagannath, saying courts cannot sit in judgment over works of art.
Event Context
A bench of Justices BV Nagarathna and R Mahadevan dismissed an application by Shree Jagannath Temple Administration, which manages Puri’s Jagannath temple, against the film’s release. “We have already passed an order [on July 17] allowing the film’s release. If we pass an order, all televised series on Ramayana and Mahabharata will stop,” the bench said.
Odisha’s advocate general, Pitamber Acharya, who represented the temple administration, said the movie is for children and creates a distorted image of the deity. “The deity is not any Doraemon or Spiderman. Lord Jagannath is a deity with an established legacy. This movie will impact children.”
Acharya said he is not opposed to the movie release. He added the film was screened for the temple administration, which suggested changes. Acharya said the film producer prepared to release the movie without making the changes. He added that the Orissa high court will hear petitions challenging the movie’s content on August 5. Acharya requested the court to modify its July 17 order permitting the movie release after July 28, around the conclusion of the Lord Jagannath Rath Yatra.
The July 17 order was issued after the temple administration and the state government cited law-and-order issues if the movie was released during the Rath Yatra, for which tens of thousands of devotees converge.
The bench asked Acharya why the Central Board of Film Certification (CBFC) certified the movie. “It is an animation film. We have so many animated movies on Hanuman, Ram and Mahabharata. These things should not come in the way of art.”
Team Analysis
Acharya said the temple administration approached the CBFC for revisiting the certification on July 25. He added the CBFC could not pass any order in view of the July 17 order. Acharya urged the court to allow the CBFC to consider the pending representation.
Senior advocate Devadatt Kamat, who appeared for Ele Animations Private Limited, which produced the film, said that the application against the movie release cannot be entertained after the CBFC clearance. He added that the July 17 order can be challenged by filing a review petition and not by way of an application.
The temple administration cited a state-wide agitation against the film release. Ele Animations Private Limited maintained the animated movie is fictional and narrates the story of a child called Balram, a devotee of Lord Jagannath. It added that a television series on the subject was successful.
The Orissa high court stayed the film’s release on July 15, saying the impact of films on the public needs to be assessed particularly where they concern matters of religious faith. The court said the freedom of expression protected under the Constitution’s Article 19(1)(a) must be balanced against the reasonable restrictions contained in Article 19(2). The high court said a film cannot be permitted to “shatter religious sentiments” and create unrest in society. The Supreme Court modified the order on July 17.
Match Outlook
The bench told Acharya this will in no way come in the way of devotion and reverence to Lord Jagannath. “Just because two or three persons’ sensitivities are affected, such petitions are filed. If you want, we shall pass an extreme order that in respect of Hindu gods and goddesses, there will be no creativity, art form or sculpture. We can pass so in the interest of preserving peace.”
