Mersal scenes will encourage tax evasion: PIL filed in Madras HC

A PIL has been filed in the Madras High Court calling for the revocation of the Censor Board’s certificate issued for the public exhibition of the Tamil feature film Mersal..The petition filed by Advocate A Ashvathaman contends that certain scenes critical of the GST regime and Digital India communicates false messages, are offensive. and falls afoul of Section 5B of the Cinematography Act, 1952..According to the petitioner, the dialogues in these scenes are against the security of the State and sovereignty and integrity of India as they communicate apparent false information and will ultimately encourage tax evasion..Specific objection has been made to claims made in a scene praising the cost and accessibility of medical healthcare facilities in Singapore relative to India..“It is pertinent to note about the scenes that the hero if the movie Joseph Vijay said that Singapore provides free medical facilities to their people, despite they receives 7% GST, But, India not provides the free medical facilities to the people, despite India receives 28% GST.”.Taking issue with these fabricated claims, the petitioner has contended,.“The fact remains that India provides the free medical facilities to its citizens.“.Here is the scene from the movie that has caused this controversy (Credit: Nandha Smart).https://www.youtube.com/watch?v=Kq23T8FRY34.The petitioner cites examples of AIIMS and JIPMER as some of the free government hospitals in India. Further, it has been submitted that the state government also runs medical colleges, government hospitals in urban and rural areas and primary health centers, all of which serve the people free of cost..On the other hand, the petitioner points out that not all medical facilities are provided free of cost by the government of Singapore..The petitioner has also objected to the idea communicated through the impugned movie scene that all products carry a GST of 28%. He points out that the GST system introduced a slot system, starting from 0%..“Most of the basic essential ingredients are coming under 0% to 4% slots only. Luxury items only included in the 28% slot. But the above scene totally misguides the people to think that all the products are levied 28% tax.“.Another claim made in the disputed scene that no tax is levied on alcohol has also been contended to be false..“…Indeed, 58 to 150% tax was imposed on alcohol.“.He goes on to point out that the reason alcohol is not included in the GST regime is because if the same were done, the government would not have been able to impose a tax above 28%..Another scene where the film depicts Digital India in a negative light has also been cited as offensive. The actor in this scene is shown licking his hand while telling a foreigner that India only has digital money. This, the petitioner has contended, has been done with the clear intention to reproach India and is totally against Indian sovereignty and the Digital Money scheme..The petitioner has argued that these facts show that the film is not fit for public exhibition as per Section 5B of the Cinematography Act. In this context, he has emphasized that the certificate for the film was given within a day of an application being made. This reveals the non-application of mind of the censor board..On these grounds, the petitioner has prayed that the court direct revocation of the public exhibition certificate issued for Mersal. In the interim, it has been prayed that the exhibition of the film be stayed..Read petition below..Click here to download the Bar & Bench Android App