After nearly a decade of pending legal proceedings, the Bombay High Court is set to hear actor-director Amol Palekar’s long-standing petition challenging the mandatory pre-censorship of stage plays and performances. The petition is scheduled for a final hearing on December 5, 2025, before a bench comprising Justices Riyaz Chagla and Farhan Dubash.
Amol Palekar’s Decade-Long Battle for Artistic Freedom
Palekar, now 80 years old, seeks protection of artistic freedom by contesting the existing requirement under the Bombay Police Act. This law mandates prior scrutiny of scripts and compulsory certification from the Maharashtra State Performance Scrutiny Board before any play or public performance can be staged.
His counsel, Anil Anturkar, urged the court to expedite proceedings, stating, “The petitioner is 85 years old now and wants an outcome, be it positive or negative.” Anturkar also emphasized the growing importance of artistic freedom in today’s digital era, highlighting that “there is no censorship of shows and series on OTT platforms,” and questioned the logic behind continuing mandatory censorship for live performances.
The Legal Challenge
The petition specifically contests rules framed under Section 33(1)(wa) of the Bombay Police Act. These rules authorize police commissioners or superintendents to regulate “places of public amusement” and performances—including traditional tamashas and melas—by requiring script scrutiny to safeguard “public order, decency, or morality.”
Palekar’s argument centers on the assertion that such pre-censorship amounts to an unconstitutional curtailment of artistic freedom. He states, “This pre-censorship leads to curtailment of artistic freedom. Because of this, many historic plays have not been performed in their original form.”
Background and Implications
The Bombay High Court admitted the plea in 2017 but delayed hearings on the merits for several years. The upcoming session on December 5 is expected to bring closure to this critical issue affecting artists and cultural institutions.
This case is being closely watched by the theatre community and arts organizations. A ruling in favor of Palekar could pave the way for greater freedom and creativity in live stage performances in Maharashtra and potentially across India.
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