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The court emphasized that although some elements in movies may be disparaging, addressing social issues involves showcasing their existence
The Delhi High Court, on Monday, dismissed a plea that alleged that the film "Aankh Micholi" infringes upon the rights of persons with disabilities (PwD) and portrays characters with disabilities in an "extremely derogatory and insensitive manner."
The bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that once the Central Board of Film Certification (CBFC) issues a certificate for a movie, courts typically refrain from interference, acknowledging the latitude provided to cinematic works.
In response to the plea's dismissal, the court emphasized the importance of creative freedom and said, "We do not want too much censorship. We are one of the few countries where there is prior censorship. We are a country where scenes are deleted before the film's release."
The court emphasized that although some elements in movies may be disparaging, addressing social issues involves showcasing their existence.
Petitioner Nipun Malhotra, a disability rights activist having a locomotor disability, argued that the film's portrayal is disturbing and violates the rights of various PwD classes, including those with speech, visual disability, and hearing disabilities.
Advocate Jai Anant Dehadrai, appearing for the petitioner, contended that the film presents a troubling depiction of PwDs, contrary to societal norms and legal provisions safeguarding their rights and dignity.
The plea highlighted offensive scenes and characterizations reinforcing harmful stereotypes in the movie, which features Paresh Rawal, Abhimanyu Dassani, and Mrunal Thakur in lead roles and was released on November 3, 2023.
The petition further sought a direction to the Central Board of Film Certification (CBFC) to include an expert on the subject matter of the RPWD Act within the Board of Film Certification under Section 3 of the Cinematography Act, 1952, and an advisory panel constituted under Section 5 of the Cinematography Act.
Case Title: Nipun Malhotra v. Sony Pictures Films India Private Limited & Ors.
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