B.B.A., LL.B. (Hons.

)/ Second Semester- March-2022

Final Draft
Legal English

Topic- Against the ban of the film ‘Deshdhrohi’ (2008)

Submitted by-
Manas Divetia
SAP ID- 81022100070
Roll No- D040

Submitted to-
Dr. Rakesh Nambiar
Assistant Professor
NMIMS Kirit P. Mehta School of Law, Mumbai

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 Index

Topic Page No.

Introduction to The Case 3

Facts of The Case 3

Legal Provisions 4

Judicial History 5

Legal Issue 5

Analysis: Arguments 6

Conclusion 7

Prayer 7

Bibliography 8

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Introduction to the case-

The movie ‘Deshdhrohi’ was released on 14 November 2008 with Kamal R Khan as the
producer and the lead role in the film. This film was directed by Jagdish Sharma. The
protagonist of the story has been portrayed by Kamal R Khan. Khan plays a man who has come
to Mumbai from Uttar Pradesh in search of a job. This movie was banned in Maharashtra for
two months because the Mumbai office of the National Board of Film Certification opined that
the movie has some scenes that were derogatory to a particular community.

Facts of the case-

The movie Deshdrohi was banned in Maharashtra by the state government on the suggestion
by the Mumbai police that this film might affect the law and order of the state. There were
accusations that the movie was cashing in on the 2008 attacks on north Indians in Maharashtra.
The 2008 attacks on Uttar Pradeshi and Bihari migrants in Maharashtra began on 3 February
2008 after violent clashes between workers of two political parties—Maharashtra Navnirman
Sena (MNS) and Samajwadi Party (SP)—at Dadar in Mumbai, capital of the Indian
state of Maharashtra. The clashes took place when workers of MNS, a splinter faction formed
out of the Shiv Sena (a major political party of Maharashtra), tried to attack workers of SP, the
regional party based in Uttar Pradesh, who were proceeding to attend a rally organised by
the United National Progressive Alliance (UNPA).

It is shown in the movie that After realizing that living in Mumbai is particularly difficult for
North Indians, Raja, the protagonist, played by Kamal R Khan petitions Shrivastav, a North
Indian politician who exploits common people for his political career, for help. The drug mafia
of Mumbai city is assisted by politicians, and the media want to reveal the corruption prevalent
in the city. Due to his involvement, Raja is marked for death by Rajan Nayak, who contracts a
police inspector to kill both him and Sonia. However, he fails and is killed. The police pursue
Raja and Sonia, who are also running from Rajan Nayak. Raja attempts to get help from
Shrivastav to no avail, and even Sonia's boss, Baba Kadam, abandons the pair.

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The movie portrayed a north Indian taking on the Mumbai government and the mafia which
was not liked by the shiv Sena, MNS and the state government of Maharashtra. The government
said that it has banned the film citing a bear of breakdown of law and order. Mumbai police
said that the film should not be screened in Maharashtra as it could promote enmity and vitiate
the already volatile atmosphere. The atmosphere was volatile because Raj Thackeray of the
Shiv Sena had already launched a campaign against north Indians in the state saying that they
should go to their native places as they have snatched away the jobs from the Marathis.

Legal Provisions-

Article 19-

The Constitution of India provides the right to freedom given in the Article 19 with the view
of guaranteeing individual rights that were considered vital by the framers of the constitution.
The right to freedom in Article 19 guarantees the freedom of speech and expression, as one of
its six freedoms.

Article 19 (1) (a) of the constitution under right to freedom also protects the right to carry in
any profession, trade or occupation provided that it is not illegal.

Section 153 and Section 153(a) of the Indian Penal Code-

Whoever, by words, either spoken or written, or by signs, or by visible representations, or

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Judicial History-

The Kashmir Files controversy-

The Bombay High court on 8 march 2022 dismissed a petition seeking a ban on the release of
the film ‘The Kashmir Files’. The petitioner said that the movie shows a one sided view which
could ignite and inflame members of the Hindu community and possibly trigger violence and
immeasurable destruction across the country.

The film is based on the exodus of the Kashmiri pandits in the 1990s due to extremist militant
activities that included targeted killing of the Kashmiri pandits in the valley. The petitioner
claimed that the film could promote enmity between the religions and could hurt the sentiments
if the Muslim community.

The Bombay High Court dismissed this petition by stating that the petitioners have not
challenged the certificates issued by the National Board of Film Certification and allowed the
release of the film on 11 march which was its official release date. NBFC issues a go ahead to
a film only after reviewing it and making sure that it does not contain any material that can
disrupt communal harmony, controversial material etc.

Amu controversy-

The film Anu which was released in 2005 faced censorship in India where the censor board
directed 6 cuts and gave an ‘A’ certificate. The film was also not allowed to release on the
Indian television channels due to its certification. The NBFC’s acts were clearly politically
motivated as there is a lot of reference about the 1984 riots in this movie where the government
was criticised for its acts.

This case clearly reflects how the ruling government weather at the central level or at the state
level has the powers to stop the release of the film or to restrict the release of a film to fulfil
their political objects or to precent the general public from viewing something where the ruling
government is shown in a bad light.

Legal Issue involved-

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The movie Deshdhrohi portrayed a north Indian living in Mumbai and criticising the Mumbai
government and mafia. The city of Mumbai was shown in a bad light in the movie where there
is crime, corruption and disharmony among the people living there and the government is
incompetent. The main question that arises here is weather the portrayal of Mumbai in the film
is legal under Article 19 of the constitution? And does this movie violate section 153 and 153(a)
of the Indian Penal Code by promoting disharmony or feelings of enmity, hatred or ill-will
between different groups living in Mumbai?

Arguments-

It is argued that there are no valid grounds under which the film Deshdhrohi should be banned.
Every filmmaker has some kind of literary and artistic freedom that they can use as they are
the creators and entertainers and for the sole purpose of entertainment. Article 19 of the
constitution of India guarantees everyone the freedom of speech and expression and that is
applicable to the filmmakers as well. There is nothing in the film that may come under the
reasonable exceptions to the Article 19.

The Maharashtra government had unconstitutionally banned this film just because it portrayed
the Mumbai city and the state government. It is not a valid reason to ban a film. It was a policy
and the ideology of the Shiv Sena led state government of Maharashtra that the north Indians
should go away as they have snatched the jobs of the marathis living in Mumbai. The film
showed exactly the same thing which was not liked by the state government and thus it banned
the film. This can be categorised an unconstitutional ban.

Section 153 and 153 (a) states that “ Whoever, by words, either spoken or written, or by signs,
or by visible representations, or otherwise, promotes or attempts to promote, on the grounds of
religion, race, place of birth, residence, language, caste or community or any other ground
whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious,
racial, language or regional groups or castes or communities, or commits any act which is
prejudicial to the maintenance of harmony between different religions, racial, language or
regional groups shall be imprisoned which may extend to three years or fine or both. This film,
under no circumstances depicted a scene which was sensitive in nature and in any case could
have led riots or disharmony among different groups living in Bombay. This was just an excuse
to ban this film and prevent the public to experience the story of the film that showed a negative
portrayal of Mumbai and the government.

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The Article 19 of the constitution also guarantees the freedom to carry any profession. A lot of
capital and resources were invested in making this film and this provided a livelihood to
hundreds of people. The Maharashtra government also infringed this right when they banned
the film.

Conclusion-

The movie ‘Deshdhrohi’ was released on 14 November 2008 with Kamal R Khan as the
producer and the lead role in the film. Khan plays a man who has come to Mumbai from Uttar
Pradesh in search of a job. This movie was banned in Maharashtra for two months because the
Mumbai office of the National Board of Film Certification opined that the movie has some
scenes that were derogatory to a particular community.

The government said that it has banned the film citing a bear of breakdown of law and order.
Mumbai police said that the film should not be screened in Maharashtra as it could promote
enmity and vitiate the already volatile atmosphere. The atmosphere was volatile because Raj
Thackeray of the Shiv Sena had already launched a campaign against north Indians in the state
saying that they should go to their native places as they have snatched away the jobs from the
Marathis.

The ban on this movie violated article 19 of the constitution and violates the grounds for ban
under section 153 and 153 (a) of the Indian Penal Code. Maharashtra government stated
disruption of law and order and harmony in the city as an excuse to prevent the public from the
seeing the film which depicted the Mumbai city and the Maharashtra government negatively.

Prayer-

Therefore, it is prayed, in the light of issues raised, arguments advanced and

HOLD the ban on movie Deshdhrohi (2008) by Kamal R Khan unlawful under Section 153
of the Indian Penal Code and Article 19(1) of the Indian Constitution.

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And pass any order that this Hon’ble court may deem fit in the interest of equity, justice
and good conscience.

Bibliography-

1. https://en.wikipedia.org/wiki/Deshdrohi
2. https://www.hindustantimes.com/entertainment/controversial-film-deshdrohi-banned-
in-maharashtra/story-gJkXSM7tstCUg21m0O7b6L.html
3. https://www.hindustantimes.com/india/chronology-mns-s-tirade-against-north-
indians/story-UPOPT7X6YE3UdW8DpTCRqL.html
4. https://en.wikipedia.org/wiki/2008_attacks_on_Uttar_Pradeshi_and_Bihari_migrants_
in_Maharashtra
5. https://en.wikipedia.org/wiki/List_of_films_banned_in_India
6. https://www.dnaindia.com/mumbai/report-police-and-mns-to-decide-on-deshdrohi-
1204575
7. https://www.ndtv.com/india-news/a-movies-release-cant-be-obstructed-once-censor-
board-clears-supreme-court-1835684
8. https://www.livelaw.in/news-updates/the-kashmir-files-release-bombay-high-court-
dismisses-challenge-article-19-cbfc-193662#:~:text=News%20Letters-
,The%20Bombay%20High%20Court%20has%20dismissed%20a%20PIL%20seeking
%20to,possibility%20of%20triggering%20communal%20violence.
9. https://www.indiatoday.in/movies/bollywood/story/plea-against-the-kashmir-files-
dismissed-by-bombay-high-court-1922316-2022-03-08
10. https://en.wikipedia.org/wiki/Amu_(film)

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