Tamas: The serial that showed the truth and not the communal hatred

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 30th May 2020

Ramesh.S/O Chotalal Dalal vs Union Of India & Ors 1988 AIR 775, 1988 SCR (2)1011

INTRODUCTION 

Since the time of partition and Independence India has seen various communal violence, the blood of innocents flowed like a river. The tension between the communities were so high that they just wanted a blood of another at any cost. But as we say time heals everything, the wounds were beginning to heal and the people accepted everything they had. Many writes saved the blood shreds in their books, so that the future generations will read and feel the pain and cost of the freedom they are enjoying. There was a great writer Mr. Bhisham Sahni who authored the book “Tamas”. Tamas was the book which was all about the truth of communal violence which was being done by some group of people, it showed the scenario that how we can leave all the bad past behind and lead a good peaceful future, living all together with brotherhood. 

FACTS OF THE CASE

• “Tamas” was the Television Serial based on the book written by Shree Bhisham Sahni. 
• After the release of four episodes’petitioner moved to the Bombay High Court under Article 32 of Indian Constitution for the stay of further screening of its episodes. 
• The petitioner appealed that this serial depicts the time of violence and will bring hatred amongst the people.
• The petition was accepted by the High Court of Bombay and it stayed the further telecast of the serial. 
• The respondent challenged the Order of High Court by filing the Special Leave Petition before the Supreme Court of India.
• The two learned  viewed and  examined the full serial from the point of common man and opined that the allegations raised by the petitioner don’t stand.

ISSUES 

• Whether the serial is against public order and is likely to incite the people to indulge in the commission of offences and is therefore violative of section 5B (1) of the Cinematograph Act, 1952 or not?
• Whether, Its  presentation  is likely  to  promote feelings of  enmity,  hatred  among  different religious groups, and is  therefore  an  offence  under section 153A  of the Indian Penal Code or not?

JUDGMENT 

The Hon’ble Supreme Court of India held that the Serial is being Judged by all standards of a common man’s point of view of presenting history with a lesson in this film. This is also the lesson of history that tells the naked truth in all times and it will not be beneficial but truth in its proper light indicating the evils and the consequences of those evils is instructive and that message is there in “Tamas” according to the views expressed by the two learned Judges of the High Court. They viewed it from an average, and commonsense point of view. There is no apprehension that it is likely to affect public order or it is likely to incite into the commission of any offence. On the other hand, it is more likely that it will prevent incitement to such offences in future by extremists and fundamentalists.

The effect is not likely to affect public order or the commission of any offence. We dismiss the Special leave petition. We are also of the opinion, having considered the facts and the circumstances of this case, this case is not a fit case for interference under Art 32 of the Constitution. It does not affect any fundamental right or likely to affect any fundamental right.