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OBSERVATIONS:

One of the most controversial issues is balancing the need to protect society against the potential harm that may flow from obscene material, and the need to ensure respect for freedom of expression and to preserve a free flow of information and idea. The Constitution guarantees freedom of expression but in Article 19(2) it also makes it clear that the State may impose reasonable restriction in the interest of public decency and morality.
The crucial question therefore, is, 'what is obscenity?' The law relating to obscenity is laid down in Sec.292 of the Indian Penal Code, which came about, by Act 36 of 1969. Under the present sec.292 and sec.293 of the Indian Penal Code, there is a danger of publication meant for public good or for bona fide purpose of science, literature, art or any other branch of learning being declared as obscene literature as there is no specific provision in the act for exempting them from operations of those sections.

The Encyclopedia definition of obscenity states, 'By English law it is an indictable misdemeanor to show an obscene exhibition or to publish any obscene matter, whether it be writing or by pictures, effigy or otherwise.' The precise meaning of "obscene" is, however, decidedly ambiguous. It has been defined as something offensive to modesty or decency, or expressing or suggesting unchaste or lustful ideas or being impure, indecent or lewd".

In the United States, obscene material is any material or performance, if: the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest; the subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this section; and the subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value. Therefore, one can observe that, the basic guidelines for the tier of fact must be:

1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds regardless of frontiers, either orally, in writing or in print, in form of art, or through any other media of his choice.

This right guaranteed by the Indian constitution is subject to various restrictions. Like, respect of the rights or reputation of others; protection of national security or of public order, or of public health or morals etc. The catchword here is 'reasonable restriction' which corresponds to the societal norms of decency. In the present matter, the documentary film Father, Son and Holy War depicts social vices that are eating into the very foundation of our Constitutional. Communal riots, caste and class issues and violence against women are issues that require every citizen's attention for a feasible solution. Only the citizens especially the youth of our Nation who are correctly informed can arrive at a correct solution. This documentary film in our considered opinion showcases a real picture of crime and violence against women and members of various religious groups perpetrated by politically motivated leaders for political, social and personal gains.