Crucial to appreciate creative freedom: Delhi HC rejects PIL alleging disparaging remarks in ‘Aankh Micholi’ movie
New Delhi, Jan 15 (IANS) The Delhi High Court on Monday dismissed a PIL that raised concerns about the movie “Aankh Micholi” containing disparaging remarks against people with disabilities.
The court stressed the importance of creative freedom, stating that excessive censorship is not warranted, especially in a country like India that already has prior censorship laws.
Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora expressed that while certain content might be perceived as “crass”, it is crucial to appreciate creative freedom and address societal issues.
They referred to the Supreme Court’s past judgement in Raj Kapoor’s case and a statement by Justice Hidayatullah, highlighting the subjective nature of vulgarity in cinema.
The PIL, filed by disability rights activist Nipun Malhotra, had objected to terms used in the movie, such as “Bhulakaad Baap” for a father with Alzheimer’s and “Atki Hui Cassette” for a person who stutters.
The petitioner sought directions for creating an awareness film on the hardships faced by persons with disabilities and urged guidelines to restrict such content in line with the Rights of Persons with Disabilities Act.
Despite these concerns, the court declined to interfere, saying that once the Central Board of Film Certification (CBFC) certifies a film, judicial intervention is rare.