Indian society is mature enough to distinguish between art and obscenity, the Supreme Court said on Thursday while dismissing a petition seeking a ban on the release of Aamir Khan starrer 'PK' for promoting nudity.
Chief Justice of India R.M. Lodha, heading a Bench of Justices Kurian Joseph and Rohinton Nariman, said tolerance to works of art and fiction is the hallmark of a tolerant society. The Supreme Court's order rescues the film caught in a swirl of legal controversy after its poster shows Mr. Khan standing in the buff on a rail track with a transistor covering his private parts.
A case was filed against the poster in a Kanpur court on August 2.
“This is fiction, a matter of art. Don't try to bring religious facets into works of fiction and art. You must have tolerance,” the Chief Justice told Nafis A. Siddiqui, counsel for All India Human Rights and Social Justice Front, the organisation which sought the ban in its petition.
The petition arraigns as parties, Aamir Khan, the film's director Rajkumar Hirani, the Centre and the Information and Broadcasting Ministry.
During the hearing, the Bench queried whether the Censor Board had approved the film. On receiving confirmation of this, the court then challenged the counsel to show which constitutional right would be violated by the release of the film.
“If we interfere, we will be taking away somebody's right to watch a movie. This is entertainment. Don't be sensitive to these things,” Chief Justice Lodha spoke for the Bench.
When Mr. Siddiqui said such movies are an affront to the “Indian society”, the Bench brushed it aside, saying “the Indian society is mature. They know the difference between entertainment and something else”.
On a lighter note, the Chief Justice told the lawyer that he need not be too concerned about the youth of today.
“Mr. Siddiqui, the youth today are very smart people. Today's youth is not like how you and me were when we were youngsters,” the Chief Justice said.
