Delhi High Court - Orders
Youth Against Crime vs Union Of India & Ors on 10 May, 2022
Author: Navin Chawla
Bench: Navin Chawla, Manoj Kumar Ohri
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7255/2022 & CM No.22210/2022
YOUTH AGAINST CRIME ..... Petitioner
Through: Mr.Pawan Prakash Pathak,
Mr.Gauraw Kumar, Mr.Ganesh
Khanna, Mr.H.S. Gujral, Mr.Pravin
Narayan, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Anurag Ahluwalia, CGSC, with
Mr.Shubham Gupta, Mr.Danish Faraz
Khan, Mr.Rishab Narayan, Advs. for
R-1 & 3.
Mr.Santosh Kr. Tripathi, SC (Civil),
Mr.Arun Panwar, Mr.Siddharth
Krishna Dwivedi, Mr.Aditya S.
Jadhav, Advs. for R-2.
Mr.Jayant Mehta, Sr. Adv. with
Mr.Abhishek Malhotra, Ms.Naomi
Chandra, Ms.Sanya Dua and
Mr.P.D.V. Srikar, Advs. for R-4.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 10.05.2022
1. This petition has been filed in public interest, seeking a direction against the respondent no.3/the Central Board of Film Certification to delete the scenes from the movie "Jayeshbhai Jordaar" which show a sex determination exercise being conducted in an ultrasound clinic.
2. The learned counsel for the petitioner submits that such scenes are in Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:10.05.2022 20:08:54 violation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as „the Act‟) The learned counsel for the petitioner further places reliance on the judgment dated 13.12.2017 of the Supreme Court in Writ Petition (Civil) No.341 of 2008, Dr.Sabu Mathew George v. Union of India and Others, to submit that the Supreme Court, while taking note of the „Statement of Objects and Reasons‟ and the „Preamble‟ of the Act, had laid emphasis upon the dignity, right and freedom of choice of a woman. It was emphasised that women have equal constitutional status and identity. The Supreme Court had directed the nodal agencies and Expert Committee to find a solution so that offending material with respect to pre-natal sex determination in India is not displayed on television, newspapers, radio and the internet in contravention of the Act and the mandate of the Act is scrupulously followed.
3. On the other hand, the learned counsel for the respondent nos.1 and 3 and the learned senior counsel for the respondent no.4 submit that the movie has been granted requisite clearance from the Statutory Body, i.e., the respondent no.3, subject to insertion of a static disclaimer during the scene of the ultrasound, which has been duly inserted in the trailer and at the start of the movie.
4. The learned senior counsel for the respondent no.4 further submits that as far as the movie is concerned, a static disclaimer appears at the beginning of the movie, which again states that pre-natal sex determination is a punishable offence. He submits that the theme of the movie is, in fact, to highlight the ills of female foeticide and it is in that light that this particular scene is important to the movie and does not in any manner Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:10.05.2022 20:08:54 advertise or promote the use of such techniques. He submits that on the contrary, such a scene seeks to discourage the conduct of such a test.
5. We have perused the trailer as also the relevant scenes from the movie. We had suggested certain further static warnings/disclaimers to be displayed in the trailer as also during the course of the scenes relating to the ultrasound test in the movie.
6. The learned senior counsel for the respondent no.4, on instructions, has submitted that, without prejudice to its submissions, the respondent no. 4 shall depict further static warning/disclaimer during the concerned scenes in the movie.
7. The screen shot of such disclaimer undertaken to be inserted in one of the scenes in question, is reproduced herein below:
8. The learned senior counsel for the respondent no.4 further submits that a similar warning/disclaimer shall be depicted on all viewing formats, including the trailer, on YouTube as well as OTT/Social Media/any other platforms. He submits that as these are already in circulation, respondent no. 4 may require some time to insert the requisite static disclaimer. He assures the Court that the same shall be inserted positively within a period of one week from today.
Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:10.05.2022 20:08:549. The respondent no.4 is made bound by the statements made by the learned senior counsel on its behalf.
10. Keeping in view of the fact that the film has already been certified by the respondent no.3 and is now scheduled to be released on 13.05.2022, and the disclaimer has now been agreed to be shown during the scenes in question, the learned counsel for the petitioner fairly submits that he would not press the petition any further.
11. The petition is disposed of in the above terms.
NAVIN CHAWLA, J MANOJ KUMAR OHRI, J MAY 10, 2022/Arya/AB Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:10.05.2022 20:08:54