Introduction:

The Delhi High Court dismisses a public interest litigation (PIL) challenging the film “Aankh Micholi” for allegedly being derogatory to people with disabilities. Disability rights activist Nipun Malhotra, who has a locomotor disability, moved the PIL, claiming that the film violated the rights and dignity of persons with disabilities (PwDs). The court, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, asserts that it generally refrains from interfering once the Central Board of Film Certification (CBFC) grants a certificate to a film. Emphasizing creative freedom, the court highlights the latitude given to cinematic works and expresses reluctance towards excessive censorship.

Arguments of Both Sides:

Advocate Jai Anant Dehadrai, representing Nipun Malhotra, argues that “Aankh Micholi” contains scenes disparaging to PwDs, violating societal norms and legal provisions safeguarding their rights. The petitioner asserts that the film reinforces harmful stereotypes about PwDs, seeking the producer’s direction to create an awareness movie about the challenges faced by PwDs. Additionally, the plea requests the formulation of an equal opportunity policy aligning with the Rights of Persons With Disability (RPWD) Act, promoting the employment of people with disabilities.

Court’s Judgement:

The Delhi High Court refuses to entertain the PIL, emphasizing the principle of creative freedom in cinema. The court acknowledges the extensive prior censorship in India and cautions against excessive interference. It asserts that creative freedom should be cherished and is hesitant to curtail it. While recognizing the petitioner’s concerns, the court upholds the CBFC’s certification process as the appropriate mechanism for evaluating films. The judgment reflects a stance favoring artistic expression while underscoring the need for responsible representation.