Bandit Queen tells a powerful human story and to that story the scene of Phoolan Devis enforced naked parade is central. It is seemly to notice that the Court has gone by the true live incidents, the sincerity in depiction by the film maker, the necessity for such depiction and the emotions that are likely to be invoked. In order to find out which of the workmen, who had participated in the illegal strike, belong to one of the two categories of strikers who may, for the sake of convenience, be classified as (1) peaceful strikers, and (2) violent strikers, we have to enquire into the part played by them.
, the decision of the Reserve Bank 223 shall be final. Sub- section (2)-unamended-states inter alia that if any question arises in any particular case whether the remuneration is according to the normal standards prevailing in banking business on a scale disproportionate to the resources of the company etc. The Court referred to the various levels of the film accusing the members of the society who had tormented her and driven her to become a dreaded dacoit filled with the desire to avenge.
It is clear that in cl. The Court observed:- 19. Sex and nudity may not be exploited without limit by films or pictures exhibited or sold in places of public accommodation any more than live sex and nudity can be exhibited or sold without limit in such public places. Veda Vyas attempted to contend that the vires of the Act could be challenged if not under Art. [15] At a minimum, prurient, patently offensive depiction or description of sexual conduct must have serious literary, artistic, political, or scientific value to merit First Amendment protection.
Tears are a likely reaction; pity, horror and a fellow-feeling of shame are certain, except in the pervert who might be aroused. 31(5) provides inter alia that nothing in cl. This Court rejected most of the objections raised by the appellants except in regard to two pertaining to the hearing given by the Secretary in charge (1) [1959] S. The reference by the Tribunal to the film Schindlers List was apt. That consideration apart, any mere error, omission or irregularity advocates in Supreme Court of India the charge will not invalidate the finding in this case as -a matter of law.
The revulsion that the Tribunal referred to was not at Phoolan Devis nudity but at the sadism and heartlessness of those who had stripped her naked to rob her of every shred of dignity. The exposure of her breasts and genitalia to those men is intended by those who strip her to demean her. The appellants moved this Court under Art. The decision rendered in the said case requires to be appropriately appreciated. Thereafter, the Court ruled that:- First, the scene where she is humiliated, stripped naked, paraded, made to draw water from the well, within the circle of a hundred men.
It says-” whose remuneration is, according to normal standards prevailing lawyers in Supreme Court of India banking business, on a scale disproportionate to the resources of the company “. 31(2) cannot be invoked to challenge the validity of the Act. After inspecting the vessel, the team made necessary sketches and directed the vessel to remain at the port under the custody of Port authorities to enable them to carry out thorough investigation. We do not think that there was any such legal bar as is suggested by learned counsel, though there may be cases where on the facts proved it will be impossible to reach a finding that the convicted persons, less than five in number, constituted an unlawful assembly with certain other unspecified persons not mentioned in the charge.
(2) shall affect the provisions of any existing law other than the law to which the provisions of cl. (6) does not apply to the Act, so that it follows that Art. Om Pal Singh Hoon and Others[54], popularly known as Bandit Queen case, because the film dealt with the life of Phoolan Devi and it was based on a true story. It was revealed that around 35 crew members were stationed on the vessel out of which 11 were Indian national whereas remaining were foreign nationals.
299 shall affect the provisions 251 of any law in force at the date of the passing of the Act; 299(4) which says that nothing in s. 31(2) on which reliance is placed by the petitioners cannot be of much help to them for Art. It helps to explain why Phoolan Devi became what she did: her rage and vendetta against the society that had heaped indignities upon her. (b) (iii) also uses the word remuneration. So far as the finding can be said to have travelled beyond the letters of the 182 charge, the appellants have not proved any prejudice, and in the absence of prejudice no complaint can now De made of any defect in the charge.
32 of the Constitution for quashing the said scheme on various grounds. That is the next question which must be considered. The lawyers Supreme Court of India referred in extenso to the authorities in K. Nakedness does not always arouse the baser instinct. The effect of so doing upon her could hardly have been better conveyed than by explicitly showing the scene. Not only are they about to die but they have been stripped in their last moments of the basic dignity of human beings.
The appellant had approached this Court assailing the order passed by the Division Bench of the High Supreme Court of India advocates of Delhi in Letters Patent Appeal affirming the judgment of the learned Single Judge, who had quashed the certificate granted to the film and directed the Censor Board to consider the grant of ˜A Certificate after certain excisions and modifications in accordance with the order that has been passed by the Court.
It is not seriously disputed that Art. In resolving the inevitably sensitive questions of fact and law, we must continue to rely on the jury system, accompanied by the safeguards that judges, rules of evidence, presumption of innocence, and other protective features provide, as we do with rape, murder, and a host of other offenses against society and its individual members. There is a scene in it of rows of naked men and women, shown frontally, being led into the gas chambers of a Nazi concentration camp.
28 permits the imposition of such a condition does it violate Art. The Court expressed that in the light of the said story, the individual scenes are to be viewed. 299(2) of the Government of India Act, 1935; but he realised that he was up against a similar difficulty created by the provisions of s. Shailabala Devi[55], narrated the story of the film which is a serious and sad story of a village born female child becoming a dreaded dacoit. 31 of the Constitution ?
Abbas (supra), Raj Kapoor (supra), Samresh Bose (supra), State of Bihar v. There are, in our view, clear indications in the section itself that the word ‘remuneration’ has been used in the widest sense. At this juncture, we may refer to the pronouncement in Bobby Art International v. The Court observed that an innocent woman had turned into a vicious criminal because lust and brutality had affected her psyche. We are unable to accept this argument as correct. The object of doing so was not to titillate the cinemagoers lust but to arouse in him sympathy for the victim and disgust for the perpetrators.
For example, medical books for the education of physicians and related personnel necessarily use graphic illustrations and descriptions of human anatomy. 2013 (MV Seaman Guard Ohio Vessel), which was by that time brought to the V. (12) The sleuths of CID Branch accordingly took up the investigation and visited the vessel on 16. 31(2) at least under s. It is conceded that cl. We do not censor to protect the pervert or to assuage the susceptibilities of the over-sensitive.