'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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News Network
June 20,2020

New Delhi, Jun 20: Taking cues from her own experience, actor Deepika Padukone on Saturday emphasised that people suffering from depression cannot 'snap out' of the mental health condition.

Continuing with her daily practice of posting mental health messages for people struggling with depression and other issues, Padukone posted the recent message on social media.

"Repeat after me: You cannot 'snap out' of depression," Padukone wrote on Twitter.

Padukone had started with the series of mental health quotes after the sudden demise of actor Sushant Singh Rajput, who committed suicide by hanging himself at his Bandra residence in Mumbai.

The 'Tamasha' actor started voicing her opinion on the importance of mental health through her foundation 'The Live Love Laugh Foundation' (TLLLF) in June 2015. Through the platform, the actor keeps launching nationwide awareness as well as destigmatisation campaigns.

Meanwhile, scores of comments followed on her latest post on mental health, where netizens too shared their take on mental health.

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News Network
February 21,2020

Kolhapur, Feb 21: Voicing against Citizenship (Amendment) Act (CAA), renowned lyrics and thinker Javed Akhtar has said that the act was an assault to secularism and integrity of India and with the ongoing protests, the nation had reached a threshold for an another struggle.

Speaking here on Thursday night at an event organised on the 5th death anniversary of CPI senior leader and progressive leader Com Govind Pansare, Mr Akhtar said the newly amended citizenship act was a plot to split the country.

Mr Javed said that communalism has a deep root in India and it spread after the formation of Hindu Mahasabha and Muslim League in British India. "Muslim league got Pakistan but Hindu Mahasabha is still unsatisfied," he alleged and added that BJP was now 'working as a branch of RSS' and trying to 'split the country' through NRC.

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Agencies
July 28,2020

Mumbai, Jul 28: Delhi Bharatiya Janata Party (BJP) MP Manoj Tiwari has urged Maharashtra Chief Minister Uddhav Thackeray to look into the case of actor Sushant Singh Rajput's death and direct the state police to register an FIR in this connection.

Wishing Thackeray on Monday on his birthday, Tiwari, who has acted in Bhojpuri films, pointed out that over 40 days have passed since the death of Rajput, but an FIR is yet to be registered.

"Many happy returns of the Day @CMOMaharashtra Shri Uddhav Ji, on this day I request with folded hands to give justice to Sushant who died 43 days ago, but no FIR has been registered so far. I hope you will help. Please do justice to millions of SSR fans," he tweeted.

Bollywood actor Rajput was found dead at his Mumbai residence on June 14, which the police said was a case of suicide. His death had triggered an outcry from several quarters alleging that the late actor, who hailed from Bihar, was a victim of nepotism in the film industry.

The lawmaker from Northeast Delhi's Lok Sabha seat, who visited the deceased actor's family in Patna last month had then said: "Sushant's father and sister requested me to take up the issue and get him justice. It was really a sentimental moment for me".

Previously, Tiwari had demanded a CBI investigation into the matter

According to the police, statements of 40 people including film critic Rajeev Masand, director-producer Sanjay Leela Bhansali, and filmmaker Aditya Chopra and actor Rhea Chakraborty have been recorded in the investigation so far.

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