Supreme Court Refuses To Modify Jagannath Animation Film Order; Says Courts Can't Stifle Creativity

The Bench of Justice B.V. Nagarathna and Justice R. Mahadevan dismissed the modification application moved by the Odisha government, which had sought reconsideration of the earlier directions in light of objections raised by the Shree Jagannath Temple Administration (SJTA) and other stakeholders following a special screening of the film.

"We have heard the learned Advocate General. We are not inclined to modify the order. The application is dismissed," the bench ordered.

The AG informed the Court that the producer had assured those present that the film would be released after adhering to the concerns raised. Even after the dismissal of the application, he urged the Court to permit the State Government to independently exercise its revisional powers under the relevant statute. "We are not standing in the way of the release. But Section 6 confers revisional powers. Let it be independently considered," he submitted.

The Court, however, declined the request. "No, we will not consider that. Though we passed an order, we have asked him that if somebody's sensibility has been affected, it has to be the Director's prerogative. The Court can't sit in judgment," Justice Nagarathna observed.

During the hearing, the bench repeatedly underscored the importance of protecting artistic freedom and cautioned against allowing isolated objections to suppress creative works.

Justice Nagarathna remarked that creative works are often backed by extensive research and thoughtful expression.

"They do research. Creativity and reason go into these works," she observed.

When Senior Advocate Devadatt Kamath, appearing for the producer, submitted that there was "not one word derogatory" in the film, Justice Nagarathna responded that any voluntary changes were a matter of the filmmaker's own conscience.

"If your conscience feels there is anything that needs to be taken out, do it," she said.

Kamath further relied on the minutes of the Shree Jagannath Temple Committee's meeting, submitting that the committee itself had described the animated film as "laudable."

Justice Nagarathna also expressed concern over the broader implications of entertaining such challenges. "Just because two-three sensitive people continue to file petitions, we will have to pass an order in respect of Hindu gods and goddesses that there shall be no creativity. Ramayana on television will stop. There will be no art, no culture," she remarked.

Emphasising that mythology has traditionally been interpreted through different artistic mediums, she observed that animation serves an important role in introducing children to such stories. "There is creativity in this country. Animation is for the purpose of children. Nobody is now reading books. There can't be ransom like this," Justice Nagarathna said.

She further clarified that artistic portrayals do not necessarily diminish religious faith. "These things should not come in the way of art. This is in no way coming in Lord Jagannath devotion, reverence," the judge observed.

The Advocate General, however, maintained that Lord Jagannath stood on a different footing, arguing that "Lord Jagannath is not fiction" and objecting to certain visual depictions in the film. "Lord Jagannath is not Doraemon. Lord Jagannath has been portrayed as Spider-Man," he submitted.

At one stage, Justice Mahadevan asked the producer's counsel why the suggested corrections could not be incorporated. Kamath responded that no consensus had been reached during the screening itself, submitting that several participants had walked out before discussions could conclude.

The Court ultimately refused to interfere with its earlier order, leaving it to the filmmaker to decide whether any voluntary modifications were warranted while reiterating that judicial intervention cannot become a tool to curtail artistic expression merely because a handful of individuals claim their sentiments have been hurt.

Notably, two weeks back, the Supreme Court had allowed the release of the animated film Mahaprabhu Jagannath, on or after July 28th noting that starting July 16 for a period of 10 days lord Jagannath yatra and rituals connected therewith were to take place. A bench of Justices BV Nagarathna and R Mahadevan had noted that CBFC, has permitted the exhibition of the film and has cleared the same after considering the film having regard to revelant parameters.