Art Or Blasphemy? The Battle Between Religious Sentiments & Creative Freedom In Indian Cinema

Share

Share

 

 

 

Often called a mirror of society, cinema greatly influences how believes and norms are shaped. In India, where religious diversity coexists with some very deep-rooted cultural sentiments, cinema holds both, immense power and potential risk. Religious themes in movies are bound to bring about strong reactions and maybe even agitation in some cases. Indeed, so much so that most controversies come at the pre-release stage itself.

These controversies bring out the inherent tension between freedom of expression and the need for social respect for diversity. Such questions are stimulated by religious sentiments, political agendas, and legal grey areas.

Religious Movies & The Controversy Cycle

Religious films are often made to educate, inspire, or spark debate. However, they frequently face criticism for offending religious feelings. In India, movies are more than just a source of entertainment. Any perceived insult to religious sentiments can lead to protests, legal actions, and social unrest. Let us look at some instances wherein consequences of such controversies spilled outside the world of cinema.

1. The Kerala Story (2023)

Controversy: The Kerala Story narrates cases of forced conversion of religion and Islamic radicalization of women of Kerala, portraying how hundreds of young women were converted and made to join ISIS. Critics have accused the film of spreading Islamophobia and insulting an entire community. On the contrary, its supporters have complimented it for raising an issue of sensitivity. State of Tamil Nadu slapped an informal ban citing concerns for law and order.

Judicial Response: The Supreme Court intervened, directing the state of Tamil Nadu to allow the screening of the film while asking the filmmakers to include disclaimers stating that the story is fictionalized. The Court asserted that films certified by the CBFC cannot be banned arbitrarily.

2. Padmaavat (2018)

Controversy: Sanjay Leela Bhansali-directed Padmaavat, earlier known as Padmavati, was a movie inspired by the legendary Rajput queen Padmini. In protest, several Rajput organizations, including the Karni Sena, opposed the film for misrepresenting history and disrespecting Rajput dignity, which also alleged an unrealistic love sequence between Queen Padmini and Alauddin Khilji. The outcome was violent protests and bans enforced by state governments in Rajasthan, Gujarat, Madhya Pradesh, and Haryana regarding law-and-order concerns over the movie. Various petitions and PILs were moved to plead for a ban on the film and questioned its certification by CBFC.

Judicial Response: In Viacom 18 Media Pvt. Ltd. v. Union of India, the Supreme Court declared unconstitutional the state-imposed bans. The Court decided that certification by CBFC alone would suffice for public exhibition, and the state must maintain public order. The judgment reiterated the position that subjective sensitivities cannot override the constitutional right to free expression.

3. Nanak Shah Fakir (2015)

Controversy: In the controversy surrounding Nanak Shah Fakir, the sensitivity shown by the Sikh community to the portrayal of religious figures played a major role. This film was made with an intention to pay tribute to the founder of Sikhism, Guru Nanak, however, it was criticized in strong words since the Sikh tradition does not allow images of their Gurus to be portrayed in films. Although filmmakers claimed that Guru Nanak appeared symbolically, protests mushroomed all over India. Theatre halls refused to screen it in the state of Punjab. Petitions had been filed in the Supreme Court seeking a ban by raising violations of religious sentiments under Section 295A of the IPC.

Judicial Response: In Harinder S. Sikka v. Union of India, the Supreme Court upheld the certification given by the CBFC for the film and directed states to ensure law and order for its release. The intervention of the Supreme Court asserted that freedom of speech cannot be measured by the standards of lynch law. It was underscored that no religious group or community can prohibit a certified film because freedom of expression is part of the basic rights.

4. PK (2014)

Controversy: PK is a satirical movie by Rajkumar Hirani, which is a satire on organised religion and superstitious practices. The film was criticized for hurting Hindu sentiments showing Hindu gods, religious rituals and godmen. Picturesque sequences wherein the hero argues against idol worship and mocks religious activities were marked by protests, vandalism, and demands to put a ban by Hindu groups.

Judicial Response: In Shri G.K. Sahu v. Rajkumar Hirani, High Court of Allahabad dismissed the prayer for injunction and held the film is not malicious. It stressed that Article 19(1)(a) provides a fundamental right of artistic expression, until there is a tangible threat from clear and present danger towards public order.

These cases illustrate how Indian courts have balanced the constitutional right to free speech with the need to respect religious sentiments. They emphasize the crucial role courts play in safeguarding artistic expression while also reminding filmmakers of the country’s cultural diversity.

Religious controversy in Indian cinema seldom comes unattached. As seen with Padmaavat and Nanak Shah Fakir, political groups within the region were instrumental in organizing protests. It showcased how some religious controversy can be a major political tool. This is the case where politics and religion intersect, a situation filmmakers often cannot avoid. As a result, they sometimes make significant concessions to prevent external interests from influencing their creativity.

The Way Forward

Discussing religious issues related to cinema will require striking a balance:

1. Clearer Guidelines: The government and CBFC should establish clear guidelines on what constitutes offensive content ensuring that arbitrary decisions and protest are avoided.

2. Stakeholder Engagement: Filmmakers and religious leaders, as well as community representatives, should engage in open discussion before the film hits theatres allowing their concerns to be addressed in time.

3. Public Awareness: There should be efforts to help the public distinguish between creative expression and outright disrespect, fostering tolerance for diverse viewpoints.

4. Enhancing Legal Protection: It is crucial for the courts to remain vigilant in their efforts to protect artistic freedom and ensure that filmmakers are not hindered due to threats or violent behaviour.

Conclusion

The debates surrounding religious films in India, as discussed in this article, reflect the complex cultural and social dynamics of the country. These conflicts, while showcasing the challenges of representing faith in a secular democracy, also emphasize the need for mutual understanding and respect. When approached with sensitivity, cinema can serve as a bridge between tradition and modernity, fostering communication rather than conflict.

In the process of modernization, filmmakers, viewers, and lawmakers will always face the challenge of striking a delicate balance between preserving religious beliefs and allowing artistic expression.

 

 

 

Authors: Riya Gupta & Harsahaj Bir Singh

 

 

 

 

Consult with us.

Lawyers.

Interns and Paralegals.

Disclaimer.

As per the rules of the Bar Council of India, we are not permitted to solicit work or advertise. By agreeing to access this website, the user acknowledges the following:

This website is meant only for providing information and does not purport to be exhaustive and updated in relation to the information contained herein. Naik Naik & Company will not be liable for any consequence of any action taken by the user relying on material / information provided on this website. Users are advised to seek independent legal counsel before proceeding to act on any information provided herein.