Plea in HC questions Sex Determination in 'Jayeshbhai Jordaar' Film, Relevant Portions to be seen by Court
New Delhi: The upcoming Ranveer Singh-starrer movie Jayeshbhai Jordaar has landed in trouble as the Delhi High Court on Monday expressed its concern over one of the scenes in the movie where the sex of the foetus is being determined by the doctors.
Even after taking note of the fact that the message of the movie is against female foeticide, the HC bench clarified to the makers of the film that the point of objection was regarding the scene which showed that pregnant woman can be taken to any clinic with a sonogram machine to find the sex of the foetus, which in reality is illegal in India.
"There is nothing to show in the trailer that the lady is taken to the doctor clandestinely...What is coming out is, any pregnant woman can be routinely taken to the centre with sonography machine and this can be done without any fetters," noted the HC bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla.
With these observations, the bench directed the Yash Raj Films, the makers, to show it the relevant portions of the movie.
"You take instructions otherwise we will have to stay," said the bench after watching the trailer of the film scheduled to be released on May 13.
The HC bench was considering a Public Interest Litigation (PIL) filed by an NGO named "Youth Against Crime" which sought deletion of the scene from the Movie.
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In its petition, the petitioner has said that the scene in the trailer showing the use of ultrasound technology in a clinic to determine the sex of the foetus and abortion technique in case of the girl child is against the law which restricts advertisement of ultrasound technique for sex determination.
Section 3, 3A, 3B, 4, 6 & 22 of The Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PC & PNDT Act) squarely restrict the advertisement of ultrasound technique for sex determination and the objective of the act also negates such practises, what is being contested is the only deletion of the clinic scene and promotion of the ultrasound technique, the petition stated.
Lawyer Pawan Prakash Pathak, appearing for petitioner 'Youth Against Crime', argued before the court that the movie cannot promote ultrasound technique as a means for sex determination as it is illegal under the law.
The court said that a scene has to be seen in its context and questioned if the movie was showing the ill of the society or advocating the adoption of techniques of sex determination.
"It is like saying you should not show murder or rape because it is a crime. It is the context... If it is shown in the context that it is illegal how can you say? How would you tell a story otherwise," it added.
The petition said that while the petitioner appreciates the issue of female foeticide being raised and awareness being created among the public but the problem is that the ultrasound scene is shown openly without any censor, adds PTI.
On the other hand, Senior advocate Jayant Mehta, appearing for the filmmakers, said that the movie is about something illegal and carries a disclaimer concerning the illegality of the act in question.
Meanwhile, the Central government lawyer Anurag Ahluwalia said that the trailer was certified by the CBFC and the filmmakers were asked to put a disclaimer .
Responding to this, the court noted that the disclaimer in the trailer was not noticeable on account of its size and it did not show the circumstances in which the lady is taken to the clinic.
"This may give an impression that the family takes that woman to the doctor and you come out. No message that is illegal, no that it is wrong," it said.
"You see there is nothing to show that the lady is taken clandestinely or that this is not legal or actors are aware (in the scene) that it is an offence. What is coming out is that any pregnant woman can be taken to a centre with a sonogram machine and this can be done in a routine manner," said the court.
