रमेश दलाल बनाम भारत संघ (तमस मामला)
| Citation | AIR 1988 SC 775, (1988) 1 SCC 668 |
| Court | Supreme Court of India |
| Date | 16 February 1988 |
| Year | 1988 |
| Bench | Sabyasachi Mukharji, S. Ranganathan JJ. |
| Acts/Articles | Article 19(1)(a), Article 21, Cinematograph Act Section 5B |
| Category | Constitutional Law |
Key Principle Established
Screening of a film depicting partition violence (Tamas) is within the ambit of freedom of expression. Cannot be banned merely because it may offend some groups.
A petition sought to restrain Doordarshan from telecasting “Tamas,” a serial depicting the violence and horror of the 1947 Partition. The petitioner argued it would incite communal violence.
The Court refused to ban the serial, holding that depicting historical truth is protected expression. A film or serial cannot be banned merely because some groups may find it offensive. The right of the public to access creative works depicting historical events is part of Article 19(1)(a).
This judgment protected artistic freedom and historical narrative from censorship driven by political or communal sensitivities.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.