LexNIPUN MALHOTRA versus SONY PICTURES FILMS INDIA PRIVATE LIMITED & ORS.
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[2024] 7 S.C.R. 246 : 2024 INSC 465 Nipun Malhotra v. Sony Pictures Films India Private Limited & Ors. (Civil Appeal No. 7230 of 2024) 08 July 2024 [Dr Dhananjaya Y Chandrachud,* CJI and J B Pardiwala, J.] Issue for Consideration The appellant is a person with arthrogryposis and is aggrieved by the manner in which persons with disabilities have been portrayed in the movie titled ‘Aankh Micholi’. The appellant seeks guidelines against filmmakers, regarding the provisions of the Right of Persons with Disabilities Act, 2016 and the composition of the Board and the Advisory panel under the Cinematograph Act and recommendations to beep certain parts of the present film as well.The issues arises for consideration include the impact of the provisions of RPwD Act 2016 on the certification of films and under the Cinematograph Act. Headnotes† Cinematograph Act, 1952 – Rights of Persons with Disabilities Act 2016 – The appellant seeks recommendations to beep certain parts of the present film as well: Held: This Court endorses slow interference with the determination of an expert body under the Cinematograph Act, particularly to allow the exhibition of a film – It is for the Board to draw the line between permissible and impermissible portrayal of social ills through visual media, and ensure that the Guidelines are meant to be read as broad standards for the same – The certification in the present case implies that the Board found that the overall message of the film was in accordance with the guidelines and the RPwD Act – This Court is not inclined to interfere with this finding by recommending beeping out parts of the film, especially considering the inclusion of a disclaimer in the film.[Para 72.1] Cinematograph Act, 1952 – Rights of Persons with Disabilities Act 2016 – Recommendation that Sony Pictures make an awareness film according to Section 7 (d) of the RPwD Act: * Author [2024] 7 S.C.R. 247 Nipun Malhotra v. Sony Pictures Films India Private Limited & Ors. Held: The recommendation that Sony Pictures make an awareness film according to Section 7 (d) of the RPwD Act cannot be granted – Section 7(d) is directed towards the appropriate government – This Court has underlined that the principle of reasonable accommodation includes positive obligations of private parties to support persons with disabilities and facilitate their full participation, this Court does not agree that Section 7(d) includes such an obligation against private persons – Even otherwise, such a direction would amount to compelled speech – Such compelled speech has been allowed by this Court under Article 19(1) of the Constitution, albeit in a very different context from the present – The recommendation sought in the present case is for creation of a whole different film on the ground of a statutory mandate of spreading awareness which is not even directed towards a private entity such as Sony Pictures – The positive obligation mentioned in Vikash Kumar cannot be so extended to compel speech in the manner suggested by the appellant. [Para 72.2] Cinematograph Act, 1952 – Rights of Persons with Disabilities Act 2016 – Cinematograph (Certification) Rules 1983 – Cinematograph (Certification) Rules, 2024 – Inclusion of subject matter experts to the Board and advisory panels: Held: On inclusion of subject matter experts to the Board and advisory panels, this Court believes that the field is sufficiently occupied by the Cinematograph Act and the certification Rules of 1983 and 2024 does not merit interference – Under the 1983 Rules, the Board may take steps to assess public reactions to films – The Examining Committee is supposed to include women as its members – The 1983 Rules and the 2024 Rules envisage consultation with a subject matter expert: the Examining Committee’s final report is forwarded to the Chairperson in 10 days, unless the Committee feels that expert opinion is necessary – In that case, it may submit a provisional report and seek expert opinion before submitting the final report – The 2024 Certification Rules go a step further and provide that a Regional Officer may invite subject matter experts for the examination of the film by the Examination Committee or Revising Committee. [Para 72.3] Cinematograph Act, 1952 – Rights of Persons with Disabilities Act 2016 – Cinematograph (Certification) Rules 1983 – Cinematograph (Certification) Rules, 2024 – Disparaging portrayal of person w
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