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138. We cannot lose sight of the fact that the story is of people who are both socially and economically backward. The language, therefore, has to be contextual. We often see even in films that depending on the backdrop of the story which is sought to be portrayed, the characters speak the language of that milieu. There can be nothing wrong in such a scenario depicted in a novel.

139. In this context, reference may be made to the widespread controversy that arose out of a Hindi film Udta Punjab, wherein the challenge laid by the producers of the film to the cuts recommended by the Central Board of Film Certification (CBFC), predominantly aimed at the cuss words used by the characters in the movie, was sustained by a Division Bench of the Bombay High Court in W.P. (L) No.1529 of 2016 dated 13.6.2016 [Phantom Films Pvt. Ltd. vs. The Central Board of Film Certification]. The film highlighted the menace of drug abuse among youngsters in the State of Punjab. Some fictional characters were incorporated into the film in order to illustrate the unrestricted and unchecked movement of drugs and in that context, some of them are shown speaking in a tone and language that may not be generally associated with a cultured/refined person, and are often seen swearing at and abusing each other. The Court observed that it was not to corrupt the viewers minds, but only to present a realistic account of the issue being depicted that such scenes were inserted. The Court felt that stray sentences picked up from a few scenes, particularly dialogues delivered by the characters, could not be termed as creating a negative impact by tending to encourage, justify or glamorize the issue involved. It was observed that the total impact of the work ought to be assessed and judged, bearing in mind the underlying theme of the film. The following extract of the judgment is relevant :-

The human sensibilities are not offended by vulgarity, obscenity or depravity. Such scenes and dialogues have to be viewed in totality. The story must be read and considered in its entirety. It is not safe to select a few words, sentences, dialogues and scenes and then to arrive at the conclusion reached by the Board. If the strata of the society and habituated to indulge freely in vulgar abuses are shown as indulging in the same without in the slightest manner glorifying them or their language, then, we do not see anything objectionable in the words. Thus, the Court was of the view that a blanket direction by the CBFC suggesting various cuts relating to the use of abusive words without reference to the theme and the subject of the film can be seen as infringing upon the artistic freedom and creativity of the film-maker. The Court observed it is important to take note of the spoken words in their entirety and understand the method of conveyance of the intended message.