Category: law

After nearly a decade of pending legal proceedings, the Bombay High Court will finally hear actor-director Amol Palekar’s long-standing petition challenging the mandatory pre-censorship of stage plays and performances. The petition is slated for final hearing on December 5 before a bench comprising Justices Riyaz Chagla and Farhan Dubash. Palekar, now 80 years old, seeks protection of artistic freedom, arguing against the existing requirement under the Bombay Police Act that imposes prior scrutiny of scripts and mandatory certification from the Maharashtra State Performance Scrutiny Board before any play or public performance can be staged. His counsel, Anil Anturkar, told the court, “The petitioner is 85 years old now and wants an outcome, be it positive or negative.” Anturkar emphasized the importance of artistic freedom in the contemporary digital era, pointing out that “there is no censorship of shows and series on OTT platforms,” questioning the logic of continuing the mandatory censorship regime for live performances. The petition specifically contests rules framed under Section 33(1)(wa) of the Bombay Police Act, which authorize police commissioners or superintendents to regulate “places of public amusement” and performances, including traditional tamashas and melas, requiring script scrutiny to safeguard “public order, decency, or morality.”Amol Palekar’s petition argues that such pre-censorship amounts to an unconstitutional curtailment of artistic freedom, stating, “This pre-censorship leads to curtailment of artistic freedom. Because of this, many historic plays have not been performed in their original form.”The Bombay High Court had admitted the plea in 2017 but long delayed its hearing on the merits. 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 across the theatre community and arts organizations, as 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. Also Read: EXCLUSIVE: Shekhar Suman reveals that his film with Parineeti Chopra, Adil Hussain, Amol Palekar titled Reporting Live; Shekhar also states, “If Utsav is remade, Adhyayan should be cast for my role”.