Creativity can’t be curbed, SC says while backing film

The Supreme Court on Wednesday dismissed the Odisha Government’s plea seeking modification of its earlier order permitting the release of animated film “Mahaprabhu Jagannath”, saying creativity, art and culture could not be curtailed merely because a few people were sensitive about the depiction of deities.

A bench of Justices BV Nagarathna and R Mahadevan refused to interfere with its previous order allowing the film’s release after the Rath Yatra festivities and said that animation was a form of creativity meant to engage children.

“If such kind of sensitivity continues and people continue to file petitions, then we will have to pass orders in respect of Hindu gods and goddesses that there should be no creativity. Ramayana on television will stop. No art in any form of god and goddess. There is creativity in the country,” Justice Nagarathna said during the hearing. Justice Nagarathna said stories relating to deities had been narrated in different forms across generations and added that animation was created for children. “There can’t be ransom like this,” she said.

Appearing for the Odisha Government, Advocate General Pitambar Acharya said the certificate granted to the film was revisable under the relevant law and pointed out that the Shree Jagannath Temple Administration and the state Government had sought a review.

Acharya informed the bench that a special screening of the film was organised for religious leaders, temple representatives, Government officials and technical experts. He said objections were raised over the animated depiction of Lord Jagannath and its alleged inconsistency with religious scriptures.

“We are not opposed to the release. Let the Government independently consider the issue under its revisional powers,” he said.

Justice Nagarathna, however, said the court could not sit in judgment over artistic choices. “Though we passed an order, if some sensibility has been affected, it is for the director to decide. The court can’t sit in judgment,” she said.

Senior advocate Devadatt Kamat, appearing for the producers, opposed the plea and said there was nothing derogatory in the film. He also referred to minutes of a meeting of the temple committee which, according to him, described the animated movie as a laudable effort.

Justice Mahadevan suggested that if any concerns remained, the producers could consider making corrections. Justice Nagarathna also told the filmmakers that if their conscience suggested any portion needed to be removed, they could do so voluntarily.

After hearing the parties, the bench said it was “not inclined to modify the order” and dismissed the application.

The court had earlier permitted the all-India release of the film on or after July 28 after noting that it was based on a web series already available on YouTube and had received clearance from the Central Board of Film Certification.