GagWatch

Way back in 2004, the Indian government announced plans to ban all images of smoking in Bollywood films and television shows. The ban was originally planned to take effect in August 2005, but was stalled following protests from both the information and broadcasting ministry and the film industry. It eventually took effect on January 1, 2006.

The ban is still being challenged, however, most recently by director Mahesh Bhatt, and others, who are seeking to end the ban after an earlier two-judge bench arrived at a tie.

One of the two judges, Justice Mukul Mudgal, had said a blanket ban violated Article 19(1)(a) of the Constitution that safeguards freedom of expression. Such a ban would proscribe the portrayal of an act that happens in real life, curbing artistic expression and creative freedom.

He cited the TV serials on the Mahabharat and the Ramayan which showed gambling, kidnapping and deceit, and said such depictions cannot be banned to promote a morally idealistic society.

“Imagine a movie where all is well and every character is moral and obeys the laws and is happy and content. Such a script, apart from being very boring, also necessarily has to be very short,” he had said. But his fellow judge did not agree and the case was referred to the larger bench.

Bhatt’s claim is that the ban is in direct conflict with the Cinematography Act of 1952. The original notification insists distributors and TV channels blur smoking scenes in existing films, bans such scenes in new films and requires old films to carry a health warning. The ban applies to both domestic and foreign films.

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