'We already have prior censorship': Delhi HC rejects plea against Aankh Micholi

The Delhi High Court on Monday rejected a plea against the 2023 comedy film Aankh Micholi and stated that India is already among the few countries around the world that have prior censorship laws in place. The public interest litigation highlighted that the film featured derogatory remarks against people with disabilities, Bar and Bench reported.

However, the High Court opined that there should not be "too much censorship".

“We do not want too much censorship. We are one of the few countries where there is prior censorship. We are a country where scenes are deleted before the film’s release,” the court stated.

Hearing the matter, Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora noted that despite the potential for some content to be disparaging, addressing the societal issues needs acknowledging the existence of evils, the report added.

“Creative freedom is something we should cherish. There is no need to curtail it. At times it may be crass but leave it at that... There may be two views on a subject but watch a movie from a courageous mind. Do not watch it from a sensitive mind,” the court added.

The High Court also referred to Raj Kapoor's case in the Supreme Court.

“Justice Hidayatullah once also said that if there is a nude scene, like a nude person walking in a setup like a concentration camp, that does not mean there is a nude scene in the film. The vulgarity lies in the eye of the viewer... We have had movies like Bandit Queen,” the High Court stated.

The court was hearing a plea filed by Nipun Malhotra, who is a disability rights activist.

In his plea, Malhotra claimed that the film used terms like Bhulakaad Baap for a father suffering from Alzheimer’s, while a deaf person is referred to as ‘soundproof system’ and ‘Atki Hui Cassette’ for a person who stutters.

The PIL sought directions to the film's producers -- Sony Pictures Films India Pvt Ltd -- to make an awareness film showcasing the hardships faced by PwDs as per Section 7(d) of the RPWD Act and also directing the producer of the movie to ensure that equal opportunity policy should be formulated as per the RPWD act and encourage employment for persons with disabilities.