B.A., LLB [HONS.

]
SECOND SEMESTER-APRIL 2022
RESEARCH PROJECT

TOPIC; TANDAV WEBSERIES {AGAINST THE BAN]

SIBMITTED TO;
DR RAKESH NAMBIAR
ASSISTANT PROFESSOR
SCHOOL OF LAW,NMIMS[DEEMED-TO-BE UNIVERSITY}

SUBMITTED BY;
HARSH SRIVASTAVA
A040
B.A., LLB[HONS}
SCHOOL OF LAW,NMIMS[DEEMED-TO-BE UNIVERSITY]
 INDEX

S. No. Particulars Page No.

1 Introduction to The Case 3

2 Facts of The Case 3-4

3 Legal Provisions 4-5

4 Judicial History 5

5 Analysis: Arguments 6

6 Counter Arguments 7

7 Conclusion & Prayer 8

8 Bibliography 10
 Introduction and Facts of the Case
A parallel story is that of the idealistic campus activist Shiva Shekhar (Mohammed Zeeshan Ayyub) who
becomes an overnight icon as he shines at a political event. Shiva now wants to bring the change, sway the
youth, overthrow the power pillars – he knows the sweet taste of power. And power corrupts.

Tandav is a show that, on paper, sounded fantastic. Darkness, conspiracy, greed, ambition, treachery, and
pathos are all present. Unfortunately, the filmmakers are unable to convey these feelings onscreen because their
actors never reveal who they are beneath those stunning saris, kurtas, and band galas. Saif is dapper and
suspicious, but he appears to be very conscious of having to be both. Only when he recalls his days as a student
leader does he let go of the soft-spoken danger, and you immediately sit up and pay attention. Otherwise, he
mostly just walks around drinking whiskey from crystal glasses while Gurpal takes care of all the effort and
ensures that his master stays in the race.

We know nothing about Samar's wife Ayesha (Sarah Jane Dias) or why she supports his schemes after nine
episodes. Gopal Das and Anuradha, Samar's former opponents, are in the same boat. Anuradha, a significant
character in the drama, is reduced to a two-line backstory and a neatly recorded audio clip, reducing her
narrative development to FYI seconds. Zeeshan appears to be much older than his alleged peers, yet he is a
gifted actor who can play his part with the needed wide-eyed innocence and sincerity. Unfortunately, the
writing never offers him the depth or complexity of a Paatal Lok Ansari or even a Sacred Games Katekar,
whose backstories told us exactly why we were supposed to root for them. Sunil Grover gets the finest deal, as
the comedian, who is most known for dressing up as feminine roles, has a lot of fun as a stoic henchman who
deals with guilt with a pet cat and unwinds with lectures from a dubious godman.

Tandav had the potential to be an engrossing political drama that carried us down the dark and self-serving
alleys of politics and helped us grasp what it is about political power that makes it so alluring. Instead, we get a
soap opera with two left feet doing Tandav.

Tandav concludes with Samar Pratap Singh as the winner, although not in the way that some fans had hoped.

After expertly deposing Anuradha Kishore, Samar surprises both his party and the public when he picks Gopal
Das Munshi as the interim Prime Minister, rather than himself. This means that Samar is still the kingmaker,
not the king, at the end of the show.

However, if you've learned anything about Samar from the nine-part series, you'll know that the story is far
from over. Samar is most likely working on a more diabolical plan, and this is only the beginning.

Furthermore, the looks Samar gives his wife and Gurpal make it plain that Munshi is merely a pawn in his
grand scheme.
Anuradha loses not just her position as Prime Minister, but she also loses a confidante in Maithali, who
deceived her.

Legal Provision
ARTICLE 19

The Constitution of India provides the right of freedom, given in article 19 with the view of guaranteeing
individual rights that were considered vital by the framers of the constitution. The right to freedom in Article19
guarantees the freedom of speech and expression, as one of its six freedoms.

Article 19(1)(a) & Article 19(1)(b)

The Right to protest peacefully is enshrined in the Indian Constitution—Article 19(1)(a) guarantees thefreedom
of speech and expression; Article 19(1)(b) assures citizens the right to assemble peaceably andwithout arms.

Article 25

Freedom of conscience and free profession, practice and propagation of religion. Subject to public order,
morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propagate religion.

Section 153 & Section 153(a) Indian Penal Code

Whoever, by words, either spoken or written, or by signs or by visible representations or otherwise, promotesor
attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or
any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious,
racial, language or regional groups or castes or communities, or commits any act which is prejudicial to the
maintenance of harmony between different religious, racial, language or regional groupsshall be imprisoned
which may extend to 3 years, or fined or both.
 Judicial History & Precedent
Mirzapur

The film became controversial during production. Mirzapur for allegedly hurting religious
feelings by misrepresenting the district as “an anti-social and criminal place. The petitioner, SK
Kumar, complained to the top court that Mirzapur was shown as a den of terror and illegal
activities in the web series. An FIR was filed on January 18 against "Mirzapur" on Sunday night
by journalist and writer Arvind Chaturvedi who alleged that there is a "deliberate and malicious
intention of outraging religion feelings". A police team from Mirzapur has also reached
Mumbai to investigate the case. In his complaint, Chaturvedi said that the plot and dialogues of
the web series hurt his religious sentiments and portrayed the district in a bad light.

Legal Issues Involved

After its release in India initially, Fire was always under the vision to get banned by the continuous protests
of the political parties and many others, the question raise by them was that movie hurt the sentimental of the
people and hurt the Indian Culture and nationalism by degrading the sentiments of Hindu Religion. The main
question here is that did Fire really hurt the Hindu religion sentiments on the basis of it showing in the
Provision under Article 19 and Article 295A should prevail over the following arguments and in favour of
unbanning the movie.
 Arguments
• The right to freedom in Article 19 guarantees the freedom of speech and expression, in the Webseries
Tandav. The Filmmakers have all the rights to portray what they want to and banning someone’s work
and opinion violates the provision set under the Article 19 of the Indian Constitution.
• When a movie is designed or talked about it takes a lot of monetary investment and the ideas of several
people are taken into consideration. Banning a movie is a big hit on the investment and creative aspect
of the people working for the movie. As seen in the past, the riots and damage to the public property is
done, for which a huge loss is faced by the government and the people that owned the properties.
Numerous public properties, theatres are generally damaged giving the government a big budget to
tackle with
• The people are inciting hate to spark conflict. They want to disrupt peace in the society for their ulterior
• .The discretion lies with the viewers. If it is hurting their sentiments the viewers have the option of not
Watching it.

Counter Arguments
I. The series attempts to promote disharmony and feeling of hatred between different sections of the
society on the basis of race, caste, language, faith, etc.
II. [II] The series attempts to deliberately do malicious acts that intend to hurt the faith and religious
beliefs of a certain section of the citizens

III. The series depicts Hindu gods and goddesses in a manner hurtful to religious sentiments
IV. The series includes scenes using casteist language which is violation to law.
For the above arguments :

• There is nothing controversial about the series as it based on historic events.

• It is a balanced film. Some people are unnecessarily trying to create a controversy.
• This has been happening very frequently in India; people taking offense and calling for bans of movies,
books,series.
• It amazes me how easily we get offended. You may never know who and what will provoke who. Very
small issues can be upsetting for a lot of people here.
• Stray lines can’t be used to ban the series. Even the Supreme Court maintained that governments can’t
extract stray sentences from portions of series and decide that the whole series needs to be banned.
 • The effect of the words used in the offending material must be judged from the standards of reasonable,
strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who
scent danger in every hostile point of view.

V. Although Article 19 is granted to all the citizens of India, it also has some reasonable restrictions
attached to it.
• We live in a democracy and people should have the freedom of speech and expression.

Conclusion
Tandaav the movie released on Amazon Prime 15th January 2021 based on political drama was under like its
name fire for being disrespectful towards the Indian Culture and nationalism and portraying that the Indian
Political system is crap. Protests were held against the release of the movie, theatres showing the movie were
damaged and attacked by several activists on several different places.

On 5th March the Allahabad High court Pre- Arrest Bail to Amazon Prime Video Head Aparna Purohit. Movie
should be shutdown as it hurts the religious sentiments of Hindu in the society.

Prayer:
Therefore, it is prayed, in the light of issues raised, arguments advanced and authorities cited, that this
Hon’ble Court may be pleased to:

HOLD, The ban on movie Tandaav by Ali Abbas Zafar unlawful under Section 153 of the Indian Penal Code,
Article 19(1) the Indian Constitution and Article 25 of the Indian Constitution.

DECLARE, the riots and protests against the movie uncalled for and violation of Fundamental Rights of the
people.

And pass any order that this Hon’ble court may deem fit in the interest of equity, justice

and good conscience.

BIBLIOGRAPHY
• https://en.m.wikipedia.org/wiki/Tandav_(web_series)
• https://www.hindustantimes.com › …
• https://www.thehindu.com › …
• https://www.google.com/amp/s/www.thehindu.com/entertainment/movies/tandav-review-a-
lackadaisical-attempt-at-portraying-indias-diverse-polity/article33580234.ece/amp/
• https://indianexpress.com/article/entertainment/web-series/tandav-everything-that-works-
and-doesnt-work-for-the-prime-video-series-7152607/
• https://www.google.com/amp/s/indianexpress.com/article/entertainment/web-series/tandav-
everything-that-works-and-doesnt-work-for-the-prime-video-series-7152607/lite/
• https://www.firstpost.com › …