'Provocation Depends On Mental Attitude Of People': Delhi High Court Disposes Plea To Restrain Movie 'The Conversion'

The Delhi High Court on Friday refused to restrain the release of film 'The Conversion', challenged on account of allegedly displaying communally charged content and having the potential of provoking hatred among religious communities.

"Provocation depends upon mental attitude of people," remarked Chief Justice DN Patel at the outset.

The Bench also comprising of Justice Jyoti Singh added,

"Someone may be provoked by anything, even without anyone saying a single word. Whereas some people may never be provoked, they are very cool and calm."

The Bench noted that the petition has been preferred merely on the basis of the trailer, without reference to the entire context of the movie.

It further stated that notice cannot be issued on the basis of "one man's provocation" and it thus directed the Ministry of Information and Broadcasting to decide the representation made to it by the Petitioner, as expeditiously as possible.

The order stated,

"This petition has been filed on the basis of a trailer of the movie 'The Conversion'. The counsel for the Petitioner submitted that he had preferred a representation dated 31 August 2021 to the Ministry of Information and Broadcasting and this representation has not yet been decided by the concerned Respondent authority.

We hereby direct the concerned authority to decide the representation in accordance with the law, rules, regulations, government policies applicable to the facts of the case and on basis of the evidence on record, as expeditiously as possible and practicable, keeping in mind the allegation of the Petitioner that the move is going to be released on 8th October, on YouTube and other platforms."

The plea filed by All India Practising Lawyers Council through advocates Adil Sharfuddin & Ubaid UI Hasan averred that the Trailer of the Movie depicts biased and communal content and that the movie has the potential of communal polarization amidst the upcoming Uttar Pradesh elections.

"The Trailer of the movie suggests that the content of the movie is concocted, communally biased, far away from the truth and portraying the one section of the society or particular community, as and cruel, and propagating the idea of Love Jihad. The said idea and word are a misnomer and discriminate and divide the one part of society on the basis of religion," the plea stated.

Case Title: All India Practising Lawyers Council v. Union of India & Ors.