India One Of Few Countries With Prior Censorship, Scenes Deleted Before Film Release: Delhi High Court Declines PIL Against 'Aankh Micholi'

The Delhi High Court has refused to entertain a public interest litigation claiming that the film “Aankh Micholi”, which released in November last year, is derogatory to people with disabilities.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that Courts generally do not interfere once the Central Board of Film Certification (CBFC) gives certificate to a film.

Observing that a lot of latitude is given in cinematic work, the court remarked:

“We do not want too much censorship. We are one of the few countries where there is prior censorship. We have gone the extra mile. Normally, in the rest of the world, it is only grading which takes place and there is no prior censorship. We are a country where scenes are deleted before a film's release.”

The bench observed that creative freedom should be cherished and that there is no need to curtail it.

The PIL was moved by Nipun Malhotra, a disability rights activist suffering from a locomotor disability, claiming that the film was disparaging and violative of the rights of several classes of PwDs, including those with speech, vision and hearing disabilities.

Malhotra was represented through Advocate Jai Anant Dehadrai.

It was alleged that the film contained disturbing and deeply troubling portrayal of PwDs, which runs afoul of not only established societal norms but also legal provisions that safeguard their rights and dignity.

The plea submitted that the movie had scenes and characterisations that are not only offensive but also reinforce harmful stereotypes regarding PwDs.

The plea sought a direction upon the producer of the movie to make a short awareness movie about hardship faced by PwDs and create awareness about the subject.

It also sought a direction upon the producer to ensure an equal opportunity policy is formulated in conformity with the Rights of Persons With Disability (RPWD) Act and encourage employment of people with disabilities.

Title: Nipun Malhotra vs Sony Pictures Films India Pvt Ltd

Citation: 2024 LiveLaw (Del) 55