The Supreme Court has directed the makers of the Netflix film Ghooskhor Pandat to change its title, observing that it is “denigrative” of a particular community. The direction came while the Court was hearing a public interest litigation seeking a stay on the film’s release and screening. A bench led by Justice BV Nagarathna said the Court cannot permit any section of society to be denigrated by the title of a film or by any other offensive material in it, if such material exists. The judges underscored that while creative freedom is protected, it cannot come at the cost of social harmony.
The PIL alleged that the film promotes caste and religion-based stereotyping and hurts the dignity and religious sentiments of the Brahmin community. The Court has now listed the matter for further hearing on February 19. The respondent filmmakers have been directed to file an affidavit placing on record a new title and detailing any other changes in compliance with the order.
The lawyer said that the matter is also pending before the High Court and that the name has not yet been finalised. The Supreme Court said that freedom of expression is granted to everyone under the Constitution, but it has limits and such a name cannot be given. Justice Nagarathna said that this was done deliberately and that a wrong message was sent in society. She said that hatred is being deliberately spread in society and the Court cannot permit this. “We will not allow your film to be released,” the Supreme Court said. The lawyer responded that they are changing the title and added that it is a police drama. The Supreme Court pointed out that there is a priest in the film. The lawyer said that the film has not been released. The Supreme Court issued notice and Justice Nagarathna said that they should come back with a new title.
Justice Nagarathna further said that many communities are being deliberately targeted and questioned how anyone can target someone personally. She said the Court is concerned not just about the film, but about the unity of the country, law and order, and morality. She added that such actions harm the country’s harmony. The Court directed that an affidavit be filed stating the changed name and that the promotional material be withdrawn. Justice Nagarathna said that no one will be permitted to do this in the future and that freedom of expression does not mean hurting anyone. The Court directed that a reply be filed by next week and that the matter will be heard next Thursday, February 19. It said no further date will be given and that there should be no commotion over the matter.
Addressing the respondents, Justice Nagarathna observed: “Why should you denigrate anybody. It’s against morality and public order. Being woke is one thing. But creating this kind of unrest when there is already unrest in the country. We thought filmmakers, journalists, etc., are all responsible people and are aware of exceptions and reasonable restrictions of Article 19 (1) (a) (Fundamental Right of Speech and Expression). You tell us what names you are suggesting for the title change. Issue notice to the respondents. No section of society should be denigrated. For as long as the late 40s, the framers of the Constitution were aware of the multitude of races, castes, etc. So they introduced concept or fraternity. If you use your freedom to denigrate any section of society, we can’t permit it”, as per ANI.
Ghooskhor Pandat stars Manoj Bajpayee in the lead role.
