Intolerance against artistic expression does not befit civilized country like India: Kerala High Court

The Kerala High Court recently opined that intolerance against artistic expression does not behove well for a civilized country like India [Joji Varghese v. State of Kerala & Ors.]..Justice Devan Ramachandran underscored that the liberty of artists including filmmakers ought to be respected as long as it doesn't trample upon the rights of others. "It must be borne in mind that the production and creation of a cinematographic movie is, in part, guided by imagination, and for the other, perhaps, real life experiences. The liberty of a team, while creating a cinematographic movie, certainly has to be respected, provided they do not trample upon or infringe the rights of individuals or the society....Intolerance to cultural and artistic expressions is not something that behooves well for a civilized country like ours; but if any particular scene is established to be violating the unexpendable respect required to racial, religious or other groups, certainly, it is for the 'Board' (Central Board of Film Certification) to intervene and take necessary action," the Court said in its judgment. .The judgment was rendered on a petition moved by one Joji Varghese in which he contended that a scene in the Malayalam movie 'Antony' where a Bible is used to conceal a gun, is an affront to Christianity.He therefore, sought directions to remove the said scene before releasing the movie..During the previous hearing on January 16, Justice Ramachandran had observed that such scenes used to be frequently used in English movies from 1960s and 70s.He also voiced his concerns regarding rising intolerance when it comes to religion and matters of faith saying, "Bible is used to hide a gun so Christians are unhappy. If it is Gita, Hindus will become unhappy. If it is Quran, Muslims will be unhappy"..When the matter was subsequently heard, the Court was informed that the scene had already been blurred. .The Court, therefore, said that it's interference in the matter is no longer required.However, before closing the petition, the Court remarked that Varghese's complaint was rather uncharitable."In the case at hand, the complaint of the petitioner – that the depiction of concealment of a gun in a book that may resemble the Holy Bible, is an affront to the religious faith of Christians – is, in my view, rather uncharitable, because even in the original statement filed on behalf of the ‘Board’, it has been averred that the competent Committee did not feel the scene to be contemptuous of racial, religious or other groups; and that during the review screening, the members of the Committee did not even notice the Bible, because the scene was a fleeting one, without any reference to any particular scripture", the judgment stated. .Varghese was represented by advocates Gigimon Issac, Tom Thomas and Tobias Togi Mathew.The respondents were represented by advocates Girish Kumar V, Rajeesh VR, R Sudheer, KN Rajani and R Pratheesh..[Read Judgment]