Thread by @barandbench

Delhi High Court hearing a PIL against prenatal sex-determination scene in upcoming Ranveer Singh movie Jayeshbhai Jordaar.
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A division bench of Justices Navin Chawla and Manoj Kumar Ohri says it will watch the relevant scene in the chambers.
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Sr Adv Jayant Mehta, appearing for movie producers, says that movie is sensitive to the issue of female infanticide and there are proper disclaimers at the start of the movie and during the scene informing audience that the act is a crime.
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J Chawla: These are all optical illusions. If you want to send a message send it loud and clear. Have the disclaimer at the centre in big font not in one corner where it is barely legible.
Mehta: We will take instructions on that.

J Chawla: Okay, we will watch the scene in our chambers.
Matter is now likely to be taken up at 12 noon.
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Court takes up the matter.
Mehta informs that he has instructions that a disclaimer can't be put in the middle of the screen.
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The relevant scene is being shown to the court.
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Counsel for the petitioner says that the part shown to the bench is a shorter versions.
Mehta: There has been complete compliance with everything that is required.

J Chawla: We will have to see what happens before this scene.
Mehta: We have that as well. We will show it to my lords.
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Counsel: What it is promoting is sex-determination. The PCPNDT act prohibits sex selection.
Judges discuss amongst themselves.
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Judges are now watching the scene prior to when the woman is taken into clinic.
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J Chawla: It claims in the trailer that Jai Mata Di means it is a girl. It's not there in the movie?
Mehta: No.
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Mehta: There is a disclaimer in beginning, in the scene where sonography is being taken place. The film complies with every law. The censor board has examined and certified it.

Mehta: The whole theme is to arouse people against female foeticide. The petitioners have just picked up one scene. We have complied with everything that fell from the bench.
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Court: We will take it up after lunch. We have all understood what the movie is.
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Hearing resumes.
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Counsel for the petitioner: We have seen the scene. My argument is that the objective of PCPNDT act. What this act says and what it prohibits.
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J Chawla: How much time you will take?
Counsel: 10 minutes.
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Mehta: My movie is called Jayeshbhai Jordaar but here my friend is being Zordaar.
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Counsel: The advertisement of sex determination is prohibited in the act. The question is do the freedoms guaranteed under Article 19 override those provisions.
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Counsel now reads the objective of PCPNDT Act.
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J Chawla: Without the disclaimer the message might have gone that it is not prohibited. Prohibition does not mean that the ill has disappeared from the society. The ill is still there.

J Chawla: suppose a movie tomorrow comes out a doctor is providing a medicine or doing a test which is unethical do we ban the movie?
Counsel: The PCPNDT act works on a different level. The movie is not being watched by people in courtroom.

J Chawla: Look at the context in which it is coming. It is trivialising as to what extent people go. It is saying people look to what extent you are going.

J Chawla: There is scene where they are asking a goat. They are ridiculing people who do these kinds of superstitious things.
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J Chawla: There is nothing in this. Please keep in mind it is not an advertisement.
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J Chawla: No one is saying your freedom of speech can allow you to advertise it. But in this case we can't hold that what they are doing is an advertisement. They are showing it as an ill. There is no question of advertisement.

J Chawla: You have achieved your purpose now that they have given the disclaimer. They will do it during the scene as well as at the time when they use that Jai Mata Di or Jai Shri Krishna slogan.

Counsel requests if the machine can be blurred and if the slogan raising can be muted.
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J Chawla: We are not here to analyse a movie.
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Counsel: People who will be watching are not the people in this courtroom. It will be watched by people who are not as wise...
J Chawla: They are saying they are fools. Appreciate the message going from the movie.
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J Chawla: We are not doubting your intent. You brought a good cause and you have served your purpose.
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Bench asks Mehta to ensure that the disclaimer appears both the times.
Court also asks Mehta to ensure that a more visible disclaimer is there in trailer.
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Mehta says he will obtain instructions.
Court jokes that it will list the matter for next hearing on Thursday and then the disclaimer in the entire movie.
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Mehta refers to SC's judgment in Bandit Queen movie.
Mehta: The HC had injuncted because there were explicit scenes.

Mehta: But the apex court said that the film must be viewed in its entirety. The court said that films that show social evils cannot be made impermissible on the ground that it depicts social evils.

Mehta: This is what we are doing. The same thing happened in Padmavat.

Mehta now refers to Bombay HC's judgment in Gangubai Kathiawad case.
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Mehta: The court would give great weightage to the fact that censor board has certified the film.
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Mehta: The point is my friend highlights an issue which is even not remotely advanced by the movie. There are two aspects one is female infanticide and second is blind, superstitious, unscientific belief.
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Mehta's instructing counsel informs that they will put the disclaimer in the second part as well.
Advocate Anurag Ahluwalia asks for similar disclaimers to be put in trailers as well.
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J Chawla: For trailers we will give you five to six days. The trailers will have a lasting effect. it will later come on OTT platforms as well.
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Ahluwalia (appearing for censor board): The trailers are on @YouTube as well.
Mehta: We have no difficulty. We also bow down that in a week's time we will incorporate it in the video on youtube. But that is where it should end.
#DelhiHighCourt #JayeshbhaiJordaar

Court dictates order.
Order: This PIL has been filed seeking a direction against R-3 to delete scenes from its movie "jayeshbhai jordaar" which show the sex determination excercise being conducted at an ultrasound clinic.

Order: The learned counsel for petitioner submits that it is in violation of PCPNDT Act, 1994. The counsel further places reliance on the judgment of the SC in Dr Sabu Mathew George v UOI and Ors.

Order: On the other hand, learned counsel for R1 and R3 and Sr Counsel for R4 submits that movie has clearance from the CBFC subject to static disclaimer during the scene of ultrasound and prenatal gender test.

Order:
The learned senior counsel for the respondent further submits that as far as the movie is concerned, a static disclaimer appears at the beginning which against states that it is punisbhable offence. He submits that the theme of the movie is in fact...

... to highlight the issue of female foeticide and it is this light that the scenes are important and do not advertise or promote use of such techniques. On the contrary, the scenes seek to discourage such tests.
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Order:
We have also perused the trailer as also the relevant scenes from the movie. We had suggested certain further disclaimers to be displayed in the trailer as also in the movie when the scenes in relation to ultrasound scene and another connected scene is depicted.

Order:
The learned senior counsel, without prejudice to his submissions, has agreed to depict a further static warning/disclaimer to be depicted during the running of both the scenes.

Order:
A Screenshot of such disclaimer is reproduced here. Keeping in view that the film has already been certified and is scheduled to be released on May 13 and the disclaimer that has now been agreed to be show during the scene in question, we do not consider...

... The petitioner submits that he will not submit the petition further. The sennior counsel submits that similar warning/disclaimer will be depicted on all formats on the trailer and Youtube. He however submits that he will require some time. he assures that the same...

... will be done. The R-4 is bound by the statements made by the senior counsel on its behalf.
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Hearing over.
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