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‘Why denigrate a section of society?’: Supreme Court orders mandatory title change for Manoj Bajpayee’s Netflix film ‘Ghooskhor Pandat’

Ghooskhor Pandat filmmakers said the process to change the title has already begun. After that, the Supreme Court asked them to file an affidavit by February 19, when it will hear the matter next.

netflix The filmmakers said the process to change the title has already begun, after which the bench asked them to file an affidavit by February 19, when it will hear the matter next. (File image)

The Supreme Court on Thursday strongly objected to the title of the Manoj Bajpayee-starrer Ghooskhor Pandat and said it would not allow the film’s release unless the makers changed its name.

Issuing notice to the Centre, the Central Board of Film Certification (CBFC), and producer-director Neeraj Pandey, a bench of Justice B V Nagarathna and Justice Ujjal Bhuyan asked the filmmakers to file an affidavit stating the change in the name of the upcoming Netflix film.

The bench pointed out that the right to freedom of speech and expression under Article 19(1)(a) of the Constitution is subject to reasonable restrictions. “Why should you denigrate a section of society by this kind of title?” the bench asked the makers.

The filmmakers said the process to change the title has already begun, after which the bench asked them to file an affidavit by February 19, when it will hear the matter next.

The plea filed by Atul Mishra, the national organisation secretary of Brahman Samaj of India, a charitable institution, said CBFC has “either failed to properly scrutinise the content of the movie or has acted arbitrarily in granting certification, despite the film’s potential to incite hatred and communal tension.”

The petition, filed through Advocate Vinod Kumar Tewari, said the “title itself equates: pandit (a religious and caste-identifying title), with Ghooskhori (bribery and moral turpitude), thereby creating a direct and offensive stereotype against an identifiable religious community.”

“While criticism of corruption is constitutionally permissible, selective use of a caste-linked religious identifier is neither necessary nor justified, and amounts to: Community stigmatisation, violation of dignity under Article 21, infringement of Articles 25 and 26, discriminatory treatment under Article 14.”

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Mishra said CBFC “as a statutory authority, is obligated to ensure that certified content…does not promote contempt or ridicule of any community, does not unnecessarily hurt religious sentiments” or that it “does not reinforce caste-based prejudice under the guise of satire.”

“Certification of the…film without directing change of title and theme reflects a failure to discharge statutory duties with constitutional sensitivity,” he added.

 

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