Deccan Chronicle

Films & feelings

- A.G. Noorani

historical (sic), was left blank and not stated”. The producer was asked “to provide important documents”. He did not specify which.

Is it anything but historical illiteracy to allege “distorting history” of one who never existed? Public discourse has all but wiped out the very concept of historical fiction; fiction based on history while retaining its character as fiction.

The damage was done by the Supreme Court nearly 30 years ago, when actor Amjad Khan made a TV serial based on the historical novel The Sword of Tipu Sultan by Bhagwan S. Gidwani for Doordarsha­n. All hell broke loose, and in response Doordarsha­n decided gratuitous­ly to disavow any claim to historical accuracy or authentici­ty, as if such a disavowal was called for.

The court went one better. Disposing of a special leave petition seeking a ban on the serial in February 1991, it directed that the following announceme­nt be made along with the telecast of each episode: “No claim is made for the accuracy or authentici­ty of any episode being depicted in the serial. This serial is a fiction and has nothing to do either with the life or rule of Tipu Sultan. The serial is a dramatised presentati­on of Bhagwan Gidwani’s novel.” Poor Prasoon Joshi, a lyricist, followed this judicial fiat.

There is no sanction for this in the Cinematogr­aph Act, 1952. The court upheld it in 1970 only on the government’s assurance that there would be “experts sitting as a tribunal and deciding matters quasijudic­ially”. A tribunal was set up in 1983 but its head, a retired high court judge, holds office “during the pleasure of the Central government”. This holds good for everyone — the chairman and members of the CBFC, members of the advisory panels, the examining and revising committees. It is a huge farce.

If this be the treatment of historical fiction what may we expect of political parodies of the political class? We have regressed. There was no such criticism of Sohrab Modi for his films Pukar (on Emperor Jehangir) or Sikandar-eAzam (on Alexander) and umpteen such films.

The Supreme Court laid down the law in such cases concerning a film with a highly political theme, Ore Oru Gramathile, which attacked the policy of reservatio­ns on the basis of caste rather than economic backwardne­ss. It sternly rejected the Tamil Nadu government’s plea that it would create a “law and order” problem. “What good is the protection of freedom of expression if the state does not take care to protect it? ...(F)reedom of expression cannot be suppressed on account of threat of demonstrat­ion and procession­s or threats of violence. That would tantamount to negation of the rule of law and surrender to blackmail and intimidati­on... Freedom of expression which is legitimate and constituti­onally protected cannot be held to ransom by an intolerant group of people”.

This was said in 1989. The apex court has not spoken in this vein since. The writer is an author and lawyer based in Mumbai By arrangemen­t with Dawn

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