JUDGMENT
B.N. Deshmukh, J.
1. This Writ Petition is registered on the basis of a letter received from the Petitioner, party in person, in connection with the protection of the national interests. The grievance relates to the telecasting of a commercial advertisement on Doordarshan in respect of FEVICOL, manufactured by the Pidilite Industries Limited, Respondent No. 4.
2. The advertisement was shown on Doordarshan in the month of August 1995. The subject-matter of the advertisement was in connection with Jammu & Kashmir, which is an integral part of India
3. In the letter received by this Court, it was contended that the map of Jammu & Kashmir is shown with the words expressed as **tksj yxkdj] gk;’kk] tku yxkdj] gk;’kk
After this map of Jammu & Kashmir, the map of rest of India is shown. Again the above words are reiterated, and finally, the name of FEVICOL is shown. According to the author of the letter, the said advertisement indicates that Jammu & Kashmir was a different part and it was joined with the rest of India. He has further stated that the advertisement is misleading and affects the unity and integrity of the Nation, as Jammu & Kashmir forms an integral part of India and was never a different part, nor can it be said that Jammu & Kashmir stood joined by other agencies with the rest of India.
4. It is further contended that the authorities of the Union of India and Doordarshan have acted contrary to the national interests in approving and telecasting the said advertisement on Doordarshan. A request was made for restraining Doordarshan from telecasting the said advertisement hereafter.
5. Looking to the importance of the matter, we had issued notices to Pidilite Industries Limited, Bombay; as well as to the Union of India and the authorities of Doordarshan.
6. An affidavit is filed on behalf of the Pidilite Industries Limited; and unsworn reply is filed on behalf of Union of India and Doordarshan on instructions by the learned Counsel Shri Shelke.
7. Shri Kapadia, learned Advocate appearing for the Pidilite Industries Limited, has stated that the Petitioner has not understood the meaning and message sent by the advertisement. The advertising agency, Oglivy & Mather, had come up with a suggestion that a T.V. film can be made, which can be shown on occasions like Independence Day, which will serve both the purposes of public interest and protecting a better image of the Company and its produce FEVICOL. The purpose of the advertisement was to indicate that India is strong and united country and all efforts to break her will not succeed.
8. Shri Kapadia further contended that the Company approved the script prepared by the said advertising agency and the same was sent to Doordarshan for provisional approval. After receiving the provisional approval, the Company produced the T.V. film and it was sent for approval; and the same was previewed and approved by Doordarshan with following remarks:
Previewed & Approved
Sd/- 9.8.95
Shashank Narayan
Asstt. Controller of SALES
Doordarshan Commercial Services
Mandi House New Delhi
9. After this, the above T.V. advertisement was shown on 15th August 1995 and subsequently. The feedback received by the Company as well as the advertising Agency was very positive. The allegations regarding the message affecting the integrity of the Nation and its unity made in the letter by the petitioner are denied.
10. Along with this affidavit, the entire script is produced at pages 9 and 10. The first part of the script indicates only the part of Jammu & Kashmir from the map of India; followed by the entire map of India. The script indicates that initially certain flashes, lights and mountains, etc., are shown. This is followed by the map of Jammu & Kashmir from the approved map of India and thereafter the complete map of India as approved is shown. Along with and simultaneous to this, the voice is indicated as follows:
**ne yxkds] gk;’kk]
tksj yxkds gk;’kk]
rksM+ Hkh Mkyks gk;’kk]
yxkvks] yxkvks]
vkSj tksj yxkvks]
;s Hkkjr dk
etcwr tksM gS
rqVsdk ugh**
At the bottom, the name of FEVICOL is shown.
11. In the reply filed on behalf of Respondent Nos. 2 and 3, it is admitted that the authorities of Doordarshan have approved and accordingly telecast the advertisement on Doorsarshan.
12. In the reply filed by Shri Shelke, on behalf of Respondent Nos. 2 and 3, it is stated that separate map of Jammu & Kashmir is not shown. Only one map of whole of India is shown, but first upper portion of Jammu & Kashmir is shown and thereafter again, some portion along with rest of India is shown. It is further stated that the message to be conveyed by the said advertisement is of national unity and integrity, as considered by the authorities while granting the permission to the said advertisement.
13. The script is annexed along with the affidavit in reply. The cassette of the advertisement was made available to us and we have viewed this on 9th October 1996 along with counsel for the parties and some members of the Bar.
14. It is admitted position that FEVICOL is an adhesive material. The concerned advertisement was introduced by Pidilite Industries Limited by way of commercial advertisement for the sale of their product, FEVICOL, the material of which is admittedly adhesive.
15. Our attention is invited to the meaning of word ‘adhesive’. The word ‘adhesive’, according to the Molesworth’s English and Marathi Dictionary, Second Edn., 1985, page 18, means, “sticky, **fpdV] —-fpdVkÅ** As per the Chambers English-Hindi Dictionary, edited by Dr. Suresh Awasthi & Dr. (Mrs.) Induja Awasthi, page 13, the word ‘adhesion’ means” **fpidko** According to me Oxford (Concise) Dictionary, Eighth Edition, 1990, Edited by R.E. Allen, page 15, ‘adhesive’ means, “sticky, enabling surfaces or substances to adhere to one another an adhesive substance, especially one used to stick other substances together”.
16. It is worthwhile to consider the meaning of word. **tksM+**
As per the New Standard Marathi-English-Marathi Dictionary, Volume I, Edited by M.S. Sirmokadam, page 747, the word **tksM+** means, a pair a couple **nksu nksu inkFkkZP;k tqG.khus Ökkysys** Another meaning of the word **tksM+** is double, consisting of two. **nksu oLrw feGwu Ökkysyk**
17. The advertisement was admittedly meant for FEVICOL, an adhesive material. The FEVICOL is used as an adhesive material to connect two separate things or substances. The purpose of the advertisement was to indicate that the adhesive material used in the formation of FEVICOL is of such nature that inspite of maximum stress and strains, pulls and pressures, the joint made by FEVICOL is unlikely to break.
18. Shri Kapadia contended that the intention of the makers of the advertisement was to create harmony and to send a message of unity and integrity of the Nation; and to curb the attempts to create disharmony amongst the people in the country. The advertisement was never meant to affect the unity and national integrity of the country and was not made and exhibited with that view at all. On the contrary, the authorities have shown this advertisement on the Independence Day, 15th August 1995, which indicates that the advertisement promotes national unity and integrity and cannot be regarded as sending message contrary to that.
19. Alongwith this affidavit, certain communications are annexed to indicate that some people have treated this advertisement to enhance the national cause of Unity and Integrity.
20. Shri Shelke, learned Counsel for the Union of India and Doordarshan, has also stated that in good faith, the authorities have granted approval to the said advertisement, as they felt that the sum total effect of the advertisement will be in the interest of national interest and will not affect the intergrity and unity of this country at all.
21. The words expressed in the advertisement and the sound, voice and other factors shown in the advertisement along with the map of Jammu & Kashmir and India have to be considered in its totality.
22. Firstly, it is to be borne in mind that the advertisement is made and telecast for the purposes of FEVICOL, an adhesive material. This initially indicates that the material is to be used for joining two different parts and after joining the two separate parts with the use of FEVICOL, then these two separate parts form one integral whole incapable of separation thereafter inspite of pulls and pressures. In the advertisement, as per the reply filed on behalf of Respondent Nos. 2 and 3 also, the part of Jammu & Kashmir initially was seperately shown followed by the map of India. While showing the map of Jammu & Kashmir, the words, **ne yxkds] gk;’kk] tksj yxkds gk;’kk] tksM+Hkh Mkyks gk;’kk] yxkvks] yxkvks] vkSj tksj yxkvks** are used, which are indicative of the fact that there are disruptive forces working to separate Jammu & Kashmir from India. It is not made clear as to whether disruptive forces are within the country or from outside the country. More pressures seem to have been brought by the outside forces and not by the citizens of India. The distinction of disruptive forces working from outside to separate Jammu & Kashmir from India is not indicated at all and thereafter, map of India is shown followed by the words,
**;s Hkkjr dk etcwr tksM gS] rqVsdk ugh**- **tksM+**
23. Shri Kapadia contended that the word indicates unity from the beginning and has nothing to do with the joining of Jammu & Kashmir with India, but what is indicated is that the whole of India, including Jammu and Kashmir, is one and any attempt to disrupt will not succeed, because of the strong adhesive effect of integral Indian Union. We have seen the dictionary meaning of word **tksM+** Apart from that, the word, when used in common parlance, is for bringing together two different parts or joining together of two different parts, which were not initially one.
24. If the advertisement is seen in its entirety, in this background, we feel that the subject-matter which is indicated in the advertisement should not have Been selected for advertising FEVICOL, an adhesive material which is meant for joining two different parts.
25. Showing Jammu & Kashmir initially separately by itself indicates that the territory of Jammu & Kashmir has to be separately considered, It may be that the advertising agency which had produced the advertisement may not have at any point of time desired to send this message of disunity and disharmony. The advertisement may have been prepared with a very laudable object and the approval may also have been given with the same laudable object. But, after going through the advertisement, its script as well as after viewing the same, we are of the opinion that the advertisement is capable of sending messages which are not in conformity with the interest of this Nation qua the unity and Integrity of this country.
26. We may refer to provisions of the Constitution of India in this connection. Part IVA deals with the fundamental duties. Under Article 51A of the Constitution of India, the fundamental duties are incorporated and it is provided that, “It shall be the duty of every citizen of India –
(a) to abide by the Constitution and respect its ideal and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble Ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India
(d) …
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our camposite cultures
(g) …
(h) …
(i) …
(j) …
27. While considering the provisions of Article 51A(g), the Supreme Court in Rural Litigation & Entitlement Kendra v. State of U.P. and Ors. , has observed, “…Preservation of the environment and keeping the ecological balance unaffected is a task which not only Govern
ments but also every citizen must undertake. It is a social obligation and let every Indian citizen be reminded that it is his fundamental duty as enshrined in Article 51A(q) of the Constitution.”
28. In our opinion, the ratio laid down by the Supreme Court in the above decision squarely applies in respect of the matters concerning of protection of the sovereignty, unity and integrity of India, in respect of abiding by the provisions of the Constitution and respecting its ideals and institutions; so also to promote harmony and spirit of common brotherhood amongst all the people of India. It is not only the duty of the State, but it is also the duty of every citizen to see that the soverignity, unity and intergrity of India is fully protected and the rich heritage and composite culture of India is preserved. Any action derogatory to this is required to be curbed.
29. There is yet another decision of the Supreme Court in respect of ecological imbalance and the duties incorporated in that regard under Article 51A(g). In Sachidanand Pandey and Anr. v. The State of W.B. and Ors. , while considering the ecological balances, the Supreme Court has observed:
When the Court is called upon to give effect to the Directive Principle and the fundamental duty, the Court is not to shrug its shoulder and say that priorities are a matter of policy and so it is a matter for the policy-making authority. The least that the court may do is to examine whether appropriate considerations are borne in mind and irrelevancies excluded. In appropriate cases, the Court may go further, but how much further must depend on the circumstances of the case. The Court may always given necessary directions. However, the Court will not attempt to nicely balance relevant considerations. When the question involves the nice balancing of relevant considerations, the Court may feel justified in resigning itself to acceptance of the decision of the concerned authority.
30. In this connection, reference may usefully be made to the observations of the Supreme Court in C.B. Boarding & Lodging v. State of Mysore . In paragraph 13 (page 2050 of the Report), it is observed.
…It is a fallcy to think that under our Constitution, there are only rights and no duties. While rights conferred under Part III are fundamental, the directives given under Part IV are fundamental in the governance of the country The provisions of part IV enable the legislatures and the Government to impose various duties on the citizens. The provisions therein are deliberately made elastic because the duties to be imposed on the citizens depend on the extent to which the directive principles are implemented. The mandate of the Constitution is to build a welfare society in which justice social, econanic and political shall inform all institutions of our national life….
31. As we have already said above, the advertisement deals with unity and national integrity of the country, especially with respect to Jammu & Kashmir, which is integral part of India; bounded by the same rich heritage and composite culture. Article 51A provides for the fundamental duties on the citizens of India; including the advertising agency and the Respondent Pidilite Industries Ltd. We are of the opinion that the advertisement was so framed and exhibited that it affects the unity and national intergrity of India and also affects its harmony which is to be created and also it causes hindrances in the spirit of common brotherhood amongst all the people of India.
32. The opinion of some people are annexed in respect of the exhibition of the advertisement. Non of them seem to have considered the advertisement in the background in which the Petitioner had considered and had written a letter to us.
33. In these circumstances, we feel that the exhibition or telecasting of the concerned advertisement is likely to cause damage to the interest of this Nation. The advertisement is certainly capable of sending two messages; one of which is likely to affect the sovereignty, unity and intergrity of India, as well as harmony and spirit of common brotherhood amongst all the people of India.
34. We, therefore, direct the Union of India and the authorities of Doordarshan not to telecast the said advertisement, the script of which is produced at pages 9 and 10 of this Paper Book, hereafter, on Doordarshan or in any other Media. Shri Shelke, learned Counsel for the Union of India and Doordarshan, undertakes to inform the Order to the concerned authorities immediately.
35. Petition disposed of accordingly.