"No need to curtail creative freedom", says Delhi HC declining plea against film Aankh Micholi

New Delhi: The Delhi High Court on Monday refused to entertain a plea claiming film "Aankh Micholi" is violative of the rights of persons with disabilities (PwD) and portrays characters suffering from various disabilities in an “extremely derogatory and insensitive manner”.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said in cinematic work, a lot of latitude is given, and once the Central Board of Film Certification (CBFC) gives certificate to a movie, courts normally do not interfere.

“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 said while dismissing the plea.

The high court said creative freedom should be cherished and there is no need to curtail it. It said the CBFC, which is an expert body, has approved the film and the court does not wish to interfere with it unless some gross malafide is shown by the petitioner.

The bench said though some things may be extremely disparaging, social evils can be dealt with by showing that they exist.

Petitioner Nipun Malhotra, a disability rights activist who is suffering from a locomotor disability, submitted that the movie is disparaging and violative of the rights of several classes of PwDs, including those with speech, vision and hearing disabilities, among others.

The petitioner, represented through advocate Jai Anant Dehadrai, contended the film contains "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 the movie includes scenes and characterisations that are not only offensive but also reinforce harmful stereotypes.

The film, starring Paresh Rawal, Abhimanyu Dassani and Mrunal Thakur as lead actors, was released on November 3, 2023.

The petitioner sought a direction to the producer of the movie, Sony Pictures Films India Private Limited, to make a short awareness film about hardships faced by PwDs and create awareness about the issue.

He also sought a direction to 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.

The petitioner urged the court to direct the producer and CBFC to remove or bleep out portions of the film where alleged derogatory words have been used against PwDs.

The plea also sought the court's direction to the producer to pay damages to any charitable organisation supporting PwDs and tender a public apology.