The Delhi high court today (May 10) permitted the release of Yash Raj Films’ Jayeshbhai Jordaar but subject to the makers inserting in certain scenes a disclaimer that sex-determination of foetus was illegal. The court had yesterday asked to be shown a scene from the film, in which it appeared that the point of illegality of sex-determination was not coming out loud and clear.
NGO Youth Against Crime had filed a PIL against the film, which said that certain scenes in it promoted sex selection techniques which were a violation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act.
A bench headed by Justice Navin Chawla, while hearing the petition seeking deletion of a certain scene from the movie which purportedly denounced female foeticide, asked Yash Raj Films to insert a prominent disclaimer in two scenes and said, “If you are sending a message, send it loud.” “We appreciate the message but you have to tell people that it is an offence,” said the bench of Justices Chawla and Manoj Kumar Ohri. The bench took on record the filmmakers’ undertaking to insert the relevant warnings. “Ensure that the disclaimer appears at both the times,” the court told the filmmakers. Lawyer Jayant Mehta, appearing for Yash Raj Films, said that the film did not violate any law, and the disclaimer would be inserted prominently in the relevant scenes in English as well as Hindi. He added that the movie begins with a disclaimer, which takes the entire screen, and the story is “about a social evil and blind faith in certain practices” and its message has to be seen from its context. Central government lawyer Anurag Ahluwalia informed the court that the film had been certified by the Central Board of Film Certification (CBFC), subject to insertion of a disclaimer.
The court gave a week to the producers to add the disclaimer to other formats, including YouTube video.
The court told the NGO-petitioner that although its cause was good, nothing remained in light of the other party agreeing to insert a disclaimer. “The object of the Act is prohibition. But that does not mean that the ill from society has disappeared. Ill is still there… Look at the context in which it is coming. It is showing to what extent people go to determine all this. There is nothing in this now… They are making a joke of the people who are doing all this. Appreciate the message that is sent,” the court said.
The petitioner did not press the petition any further. Jayeshbhai Jordaar is scheduled for release on 13th May.