You are here: Home » PTI Stories » National » News
Business Standard

No relief to Kashyap on plea against anti-smoking disclaimer

Press Trust of India  |  Mumbai 

The Bombay High Court today refused to grant any interim relief to filmmaker Anurag Kashyap, who had petitioned the court challenging the notification making mandatory an anti-smoking disclaimer during smoking scenes in a movie.

Under Rule 4(7) and 8 of the Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, the Union government had written a letter to the Censor Board asking them to make it mandatory for film makers to show the disclaimer during smoking scenes.

Kashyap in his petition sought for the rule to be set aside and quashed as illegal, arbitrary and unconstitutional.

The filmmaker had approached the High Court in December 2013, when the Censor Board restrained him from releasing his movie "Ugly" after he refused to comply with the rule that requires for 'Smoking is injurious to health' warning to pop up everytime a character smokes in the movie.

A division bench of Chief Justice Mohit Shah and Justice M S Sanklecha today, after hearing Kashyap's lawyers, said no case for interim relief is made out. The bench has, however, allowed the director to make a representation before the Union government seeking modification in the rules.

The court said if such a representation is made then the Union government shall take a decision on it expeditiously.

Kashyap in his petition had said that the rule making it mandatory for such a disclaimer was a gross violation of his creative expression and fundamental rights.

The filmmaker as interim relief sought a direction to Central Board of Film Certification (CBFC) to permit him to release his movie without the mandatory disclaimer.

The petition noted that a mere depiction or display of a character using cigarette or tobacco, does not attract the attention of audience specifically to the cigarette or tobacco product nor is intended to promote the sale of these products and does not amount to advertising.

Further the film "Ugly" is in the genre of dark cinema which requires the characters to smoke for overall artistic effect.

Dear Reader,


Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.
We, however, have a request.

As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.

Support quality journalism and subscribe to Business Standard.

Digital Editor

First Published: Wed, May 07 2014. 16:55 IST
RECOMMENDED FOR YOU