KNOW YOUR RIGHTS! What are your legal rights as a filmmaker, when justice is delivered by the Hon’ble Courts, but not served by the Government?

By Advocate Rizwan Siddiquee -

February 10, 2018 - 12:12 PM IST

You may have seen various instances where a ban is imposed on a particular film by State Government/s by citing reasons that the said film will create law and order situations in their State. Many a times these States of India, who choose to ban a particular film even exercise their legal rights under their (Local) Cinemas Regulation Act and legally impose a ban on a film in exercise of their legal rights, despite the fact that the Central Board of Film Certification (CBFC) (functioning under the Central Government of India) has certified the film for public viewing for the “entire territory of India”.

KNOW YOUR RIGHTS! What are your legal rights as a filmmaker, when justice is delivered by the Hon’ble Courts, but not served by the Government?

The recent case in hand is the case of the film Padmavaat where six States of India chose to ban the said film, despite the film receiving a UA Certificate by the CBFC. You may have observed that this kind of banned films are eventually cleared by the Hon’ble Supreme Court and there are specific “Orders” passed by the said Apex Court calling upon the State Government to immediately lift the said ban.

Now despite a filmmaker obtaining a favorable Order/Judgement from the Hon’ble Supreme Court, the State/s yet in an open contempt of the Order/judgement of the said Apex Court blatantly overlook the said Order and willfully fail/neglect to exhibit the said Film in their State, thereby intentionally making a filmmaker suffer huge monetary losses. The film Padmavaat is an example where 6 States of India in contempt of the Supreme Court Order willfully failed and neglected to exhibit the said film in their respective States.

All Filmmakers should therefore know their rights and remedies, which the Statute offers to them, as also the laws, which govern such rights of a Filmmaker.

• Firstly the Filmmakers should know that any State of India can be sued by a private Individual (Filmmaker) as per Article 300 of the Constitution of India, especially in cases if the said State of India has willfully indulged in any act of Civil Contempt as per Section 2 (b) of the Contempt of Courts Act, 1971.

• Secondly the Filmmakers should be aware that there are various judgements passed by the Apex Court, which they can suitably rely upon to secure their financial demand of “loss of business opportunity” in the claim suit filed by them in the Court.

• Also the Filmmakers should know that as per Article 142 of the Constitution of India, unless a specific law is passed by the Parliament to seek enforcement of Supreme Court Decrees and Orders, the President of India is required to enforce throughout the territory of India, such Decrees and Orders as passed by the Hon’ble Supreme Court. The Filmmakers can therefore alternatively also make a humble plea before the office of the President of India by requesting a personal meeting, if they have sufficient time on hand to release their film, and if they fear that a particular State Government may not implement the Order of the Hon’ble Supreme Court, as seen in the case of the film Padmavaat. The Office of the President of India can be reached electronically on helpline.rb.nic.in or through post or through personal appointment.

(The author has been advising and representing various film personalities as an Advocate since almost two decades)

Also Read: BREAKING: Supreme Court rules in favour of Padmaavat; asks for stay over the film’s ban