'Udta Punjab' gets HC nod with one cut, modified disclaimer

June 13, 2016

UP

Mumbai, Jun 13: The Bombay High Court today cleared the decks for the release of movie 'Udta Punjab', whose makers were locked in a dispute with the Central Board of Film Certification, after ordering deleting a urination scene and displaying a revised disclaimer.

The court also came down heavily on the CBFC and asked it not to act like a "grandmother", and change with times. A division bench of Justices S C Dharmadhikari and Shalini Phansalkar-Joshi directed the CBFC to certify the drug-themed film within 48 hours to enable the makers to release it on its scheduled date of June 17.

"Barring the deletion of the urination scene as directed by the board and modification of the disclaimer, the June 6 order passed by the CBFC's revising committee directing for a total of 13 changes in the movie is quashed and set aside," the court said.

The bench, however, refused to stay its order on a plea made by CBFC counsel Advait Sethna to enable the board to appeal against it in the Supreme Court, saying the filmmakers have already spent a lot on the movie and its promotion and distribution.

The court, which was hearing a petition filed by Anurag Kashyap's Phantom Films challenging the CBFC order, came down heavily on the board for curbing a creative person's work.

"Do not act like a grandmother. Change as per the times now. The CBFC need not be over-sensitive in the matter of art. The CBFC cannot stop creative people abruptly as it may discourage them. This will kill creativity. These days filmmakers are brutal, direct and straightforward. One need not treat them harshly just because of this," the HC said.

The court further noted that the CBFC is not empowered by law to censor films, as the word censor is not included in the Cinematograph Act.

"Censor in common parlance means to certify a movie. Therefore, if by law the board is empowered to make changes, cuts, or deletions, this power of the CBFC must be consistently in consonance with the provisions of the Constitution and the Supreme Court directions," Justice Dharmadhikari said.

As per the revised disclaimer, the 'Udta Punjab' makers will have to delete reference to Pakistan. They will also have to make additions to the disclaimer to the effect that the movie, its characters and the filmmakers do not promote the use of drugs and abusive language, and that the film is only attempting to depict the reality of drug abuse.

On cutting out the urination scene, Justice Dharmadhikari said, "The CBFC is justified in directing deletion of the scene as the shot was unnecessary given the backdrop and the theme of the movie. Instead of this particular scene, the filmmaker could have taken recourse to other methods to depict the same."

The court noted that it has read the film's script and does not find anything in it that shows Punjab in a bad light or affects the sovereignty, integrity or security of India.

"It is undisputed that the CBFC possesses powers to call for cuts, changes, deletions in a movie while certifying it. These powers come into play if the film affects the sovereignty, integrity or security of India, foreign relations, public order, and or is likely to incite commission of an offence. There is a heavy burden on the authority to show that the restrictions imposed are reasonable," the bench observed.

In the present case, the CBFC-imposed restrictions were not correct. The movie has to be seen as a whole and it was not permissible to take the characters, scenes and songs in isolation and out of context, the judges said.

"It is open for a creative person to select the background, setting and accordingly weave the story. It is entirely on the creative person to choose the setting, pattern, underlying theme and storyline.

"Creative freedom allows use of certain words as per the choice of the filmmaker. Nobody can dictate to him as to how the movie should be made or its content," the court said.

The bench said it was in agreement with the petitioners that there was an increasing menace of drug abuse amongst the youth in Punjab.

"The film is meant for adult viewing. If a maker chooses this way of depicting the movie and a subject, then it is not for anybody to restrict it. Like the CBFC, even we would be happy if better words were coined and used by the filmmaker," the judges said.

The court said one must not forget that the movie is a work of fiction.

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March 12,2020

Los Angeles, Mar 12: Hollywood superstar Tom Hanks has revealed that he and wife Rita Wilson have tested positive for the novel coronavirus.

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January 30,2020

Mumbai, Jan 30: A day after a woman filed a complaint against Ganesh Acharya alleging that he had forced her to watch pornography, actor Tanushree Dutta said Bollywood should boycott the choreographer.

A 33-year-old woman, an assistant choreographer, has written to the National Commission for Women (NCW) alleging that Acharya used to make her watch porn videos whenever she visited his office in suburban Andheri.

She also alleged that Acharya and two women assaulted her during a function of the Indian Film and Television Choreographers Association (IFTCA) held in suburban Andheri on Sunday. A complaint has been filed in this regard with Amboli police.

"It's time Bollywood and the other Indian film industries boycott choreographer Ganesh Acharya completely. Hiding behind the male superstars who work with this despicable man, he has been abusing his power and position to harass, bully and take advantage of vulnerable young newcomers to the industry," Dutta said in a statement here.

Dutta had alleged that her co-star Nana Patekar harassed and misbehaved with her while shooting for a song for their 2008 film "Horn Ok Pleasss", and Acharya, who was the choreographer, introduced new steps which were "intimate".

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"Nobody had any regard for me and how much I had suffered psychologically and financially because of the turmoil I went though due to these people. I left the industry because I was so scared and hurt over the atrocious treatment meted out to me on 'Horn ok Pleasss' set.

"I had worked very sincerely to get to where I got in life and so went in shock for many years, over the whole episode on that set almost 12 years ago, that led to an attack on my car. They didn't just break my car, they broke my spirit that day," Dutta said, in reference to the attack on her car in 2008.

She expressed her displeasure over how "leading men" and "heroes" of Bollywood continued working with Acharya, whose most recent work includes "Simmba", "Zero", "Sanju" among others.

"Even after all the information of fraud, non payment of dues, sexual harassment of dancers, bullying and intimidation and even physical abuse of dancers is coming out about Ganesh Acharya in the media, if the actors, directors and producers still work with him, it would mean that they themselves are engaging in such acts also.

"It's a warning to the film industry to stay the hell away from Ganesh Acharya otherwise your own reputation will be joined to his character. I'm sure many more girls and boys will come out about his misbehaviour and shady business, opening floodgates in the future," she added.

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