
My Lord, Commercial Advantage through National Anthem?
Yes. Unfortunately.
“The Censor Board of Film Certification was not careful or circumspect before permitting the public screening of the film.
The boy says ‘sorry’ in the midst of the Anthem and mother after some time completes the same. All this has been done to create a dramatic impact in the picture for the benefit of the producer. This should not be allowed to be done for the popularization of the National Anthem as has been understood in this great country. That apart in our considered view the National Anthem cannot be shown in a variety show or a cultural programme of a school as an item.
In our considered view, the National Anthem has been sung in the movie as if it is a song of advertisement for a commercial purpose. It is absolutely discernible. The film ‘Kabhi Khushi Kabhi Gham’ shall not be shown in any theatre unless the scene which depicts the National Anthem is deleted; Karan Johar and Yash Johar shall immediately withdraw the film from all cinema-halls and the theatre owners are restrained from showing the film in the present form; The Central Board of Film Certification shall withdraw the certificate unless the deletion is effected and the deleted feature film is shown to the members of the Board as required under the Act and the Rules.”
– Hon’ble Justice Dipak Misra, Shyam Narayan Chouksey v. Union Of India, AIR 2003 MP 233 decided on 24.07.2003.
SC in Karan Johar v. Union of India, (2004) 5 SCC 127 set aside the Order of the Madhya Pradesh High Court. The Bench did not venture into a commentary on the commerce of K3G. A further important question went unaddressed:
Actors may repeatedly rehearse to forget a National Anthem? Future Chief Justice of India, Misra J. had thought of this in 2003.
“Kazakhstan is the greatest country in the world.
All other countries are run by girls.
Kazakhstan is an exporter of potassium.
Other countries have inferior potassium.”
The Kazakhstan Government had threatened to sue Cohen. Then, Cohen, in his Borat avatar, was quoted as saying, “I’d like to state that I have no connection with Mr. Cohen and fully support my Government’s decision to sue this Jew.”
Closer home no such controversy brewed for Child Actor, Jibraan Khan. He is no longer a Class IV student; is in his twenties; and often tweets with a philosophical bent. Up until now, K3G remains his high point as an Actor.
The incisive question, as formulated by Misra J., however, remains wide open for consideration. Surely enough, one day, it will raise it ugly head.
31.10.2016
01.11.2016
30.11.2016
It then proceeded to direct the following interim measures:
- The National Anthem cannot be commercially exploited to gain financial advantage or benefit.
- It cannot be introduced or used as part of any entertainment program or variety show.
- The Anthem is not to be printed on any undesirable object, or be used in places where it’s dignity is compromised.
- All movies and cinema halls are to play the National Anthem before the showing of feature films. All present are required to award due respect to the Anthem.
To be continued…
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