Delhi HC dismisses PIL against movie titled 'Aankh Micholi'
Jan 15, 2024
New Delhi [India], January 15 : The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) against a movie titled 'Aankh Micholi' alleging that the said movie has portrayed characters suffering from various disabilities in an extremely derogatory and insensitive manner.
The plea stated that the movie is disparaging and violative of the rights of several classes of PwDs, including those with speech disability, visual disability, and hearing impairment among others.
"It is a disturbing and deeply troubling portrayal of PwDs, which runs afoul of not only established societal norms but also legal provisions that safeguard the rights and dignity of PwDs. The movie includes scenes and characterizations that are not only offensive but also reinforce harmful stereotypes," the plea stated.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora on Monday while dismissing the plea, stated that the Central Board of Film Certification (CBFC) is the expert body and has already given its approval.
"We don't interfere until and unless it is malafide. There are large number of judgments in this regard," the bench said.
The petition moved by Nipun Malhotra, through lawyer Jai Anant Dehadrai, stated that in the movie, a character with night blindness is misrepresented in a manner that is derogatory. This misrepresentation potentially leads to a negative public understanding of this disability, reinforcing harmful stereotypes.
Plea also sought direction to include an expert on the subject matter of RPWD Act within the constitution by the CBFC under Section 3 of the Cinematography Act, 1952.
Further, make it mandatory for the advisory panel constituted under Section 5 of the Cinematography Act, 1952 to include experts on subject-matter of PwDs.
"Direct Sony Pictures Films India Pvt Ltd, Producer of the movie to make an awareness film showcasing the hardships faced by PwDs as per Section 7(d) of the RPWD Act and also directing the producer of the movie to ensure that equal opportunity policy should be formulated as per the RPWD act and encourage employment for persons with disabilities," stated the plea.
"Formulating guidelines restricting any such content in Movies/Television Shows /Commercials which is in contravention of the provisions of Constitution and RPWD Act and also Directing the producer of the movie to pay punitive damage to any charity or organisation supporting PwDs and further tender unconditional apology," the plea read.
