India one of few prior censorship countries where scenes deleted before film release: Delhi High Court rejects PIL against Aankh Micholi

The Delhi High Court on Monday rejected a public interest litigation (PIL) petition highlighting that the movie "Aankh Micholi" had disparaging remarks against people with disabilities [Nipun Malhotra vs Sony Pictures Films India Pvt Ltd]..In doing so, the Court opined that there should not be "too much censorship" while pointing out that India is already among the few countries that have prior censorship laws in place."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 delete before the film’s release," the Court said..Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora added that despite the potential for some content to be disparaging, addressing societal issues requires acknowledging the existence of evils."Creative freedom is something we should cherish. There is no need to curtail it. At times it may be crass but leave it at that... There may be two views on a subject but watch a movie from a courageous mind. Do not watch it from a sensitive mind," the Court remarked..The Court also referred to the Supreme Court's judgement in Raj Kapoor's case and a judgement authored by Justice Hidayatullah. "Justice Hidayatullah once also said that if there is a nude scene, like a nude person walking in a setup like a concentration camp, that does not mean there is a nude scene in the film. The vulgarity lies in the eye of the viewer... We have had movies like Bandit Queen," the Court said..The Court was dealing with a plea filed by Nipun Malhotra, a disability rights activist. The PIL stated that movie which was released in 2023 had used terms like "Bhulakaad Baap" for a father suffering from Alzheimer’s, "soundproof system" for a deaf person and "Atki Hui Cassette" for a person who stutters..It sought directions to Sony Pictures (producers of the movie) to create a short awareness film subjected around the hardships faced by persons with disabilities and create awareness in accordance with Section 7(d) of the Rights of Persons with Disabilities Act (RPWD) Act..The Court was also urged to direct the Chief Commissioner for Persons with Disabilities to formulate guidelines restricting any such content in movies/ television shows/ commercials which is in contravention of the RPWD Act..The petition further sought a direction to Central Board of Film Certification (CBFC) to include an expert on the subject-matter of RPWD Act within the Board of Film Certification under Section 3 of the Cinematography Act, 1952 and advisory panel constituted under Section 5 of the Cinematography Act..The Court, however, declined to interfere in the matter. It added once the CBFC has certified a film (Aankh Micholi, in this case), the Court would very rarely intervene..The petitioner was represented by advocate Jai Anant Dehadrai.Senior Advocate Atmaram NS Nadkarni along with advocates Alipak Banerjee, Tanisha Khanna, Karishma Karthik, Nishith Desai and Salvador Santosh Rebello appeared for Respondent Sony Pictures.