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The High Court of Gujarat dismissed the petition seeking a ban on Kedarnath Movie. The Honourable Bench comprising Chief Justice AS Dave and Justice Biren Vaishnav quoted Tolerance, Patience, Harmony and Welfare as the basic tenets of Hinduism. The petition filed by an organisation called International Hindu Sena sought a ban on the movie alleging that screening of the movie would hurt the religious sentiments of Hindus. The petitioner’s prime objection is to the exhibition of intimacy between a Muslim boy and a Hindu girl, the exhibition of which, according to the petitioner, is not only rude and offensive but also unfair for the public.
The petitioner also alleged that the movie was shot in Kedarnath, and some scenes of the movie injured the culture and tradition of Hinduism. The Gujarat High Court did not find the contentions to be satisfactory and rationale, and thus, it stated that both the petitioner and petitioner approached the court based on a wrong notion about Hinduism. However, according to the High Court, Hinduism is a concept, religion and faith, tolerance for all religions, patience, harmony and welfare of mankind are the fundamental tenets of Hinduism.
Lack of strong basis to support the petitioner's contentions led the court to state that it failed to understand the logic about how intimacy between two couples of different religions at a holy place would affect religious sentiments of Hindu Community.The court opined that granting verdict to ban the movie would result in a breach of the fundamental rights of those connected with the film-making. Therefore, protecting the fundamental rights of the film-makers guaranteed under Article 19 of the Indian Constitution is inevitable herein.
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