Banning on-screen smoking affects depiction of reality: Bhatt

New Delhi, Dec 1 (PTI) Noted Indian film director Mahesh Bhatt Monday contended before the Delhi High Court that ban on smoking scenes in films and television programmes would prevent filmmakers from depicting reality on silverscreen.

"I am not glamourising smoking but depicting reality
by showing actors smoking in films," senior advocate Sandeep
Sethi appearing for the film-maker said, adding that any ban
on it would adversely impact depiction of reality in films.

The director's submission came before Justice S K Kaul,
who is hearing the matter as an umpire judge after a split
verdict by a division bench on filmmaker Mahesh Bhatt's
petition challenging the government notification banning
smoking scenes in films and television programmes.

Earlier, the Centre had justified a blanket ban on
smoking scenes in films and television programmes, and
contended that on-screen depiction of smoking is against
public interest as people try to imitate their stars' actions.

"A large number of people get affected by observing what
their stars do on screen in films or advertisements. People
start imitating them. People would be encouraged for smoking
if they see film stars or sports person doing the same in a
film or advertisement," Additional Solicitor General P P
Malhotra and Advocate Mukul Gupta said.

"There have been many instances where people particularly
youth and children have tried to imitate what they see on the
screen. In some cases people have jumped from high buildings
trying to imitate what they saw in a film. So will be the case
if on-screen smoking is allowed," the government said.

A division bench of Justice Mukul Mudgal and Justice
Sanjiv Khanna had, on February 7, had given a split verdict
after disagreement on the issue.

The two had different opinions on the constitutional
validity of a provision in the Cigarettes and other Tobacco
products (Prohibition of Advertisement and Regulation of Trade
and Commerce, Production, Supply and Distribution) Act 2003
which bans smoking on screen.

While Justice Mudgal held that the rules should be
quashed, Justice Khanna upheld their validity.

"I have held rules are valid in accordance with Section 5
of the Act," Justice Khanna had said.

However, Justice Mudgal had said there cannot be a
blanket ban on smoking scenes as it was in contravention of
the fundamental right to freedom of speech and expression.

"It is clear that the blanket ban on production of films
and television serials which show a smoking scene is a direct
encroachment on the creativity and free artistic expression of
the maker of such film or television serial guaranteed under
Article 19 (1)(a)," Justice Mudgal had said.

After failing to arrive at a consensus on the issue, the
bench referred the matter to the Chief Justice for setting up
another bench to go into the ticklish issue. PTI AAC