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Thespians battle State's moral policing of stage

The Board also claims that imposing such a clause of pre-censorship, considering the object that it deserves to achieve, constitutes a reasonable restriction upon fundamental rights.

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Pre-censorship of plays is required for the 'well-being' of society and to ensure that vulgar performances or language does not shock the 'conscience' of the viewers and public at large. This is how the State government has stood by its decision and opposed the petition filed in Bombay High Court by theater stalwart, Amol Palekar.

In an affidavit filed by the State Performance Scrutiny Board, it has justified its function by saying the Board was entrusted with the power of rejecting objectionable portions of the script, which in the opinion of the Board was against the sovereignty and integrity of India or the security of the state or opposed to public policy, decency, morality."

The Board also claims that imposing such a clause of pre-censorship, considering the object that it deserves to achieve, constitutes a reasonable restriction upon fundamental rights. Palekar, supported by others like Bindumadhav Khire, Girish Karnad, Dr Shriram and Deepa Lagoo, Alyque Padamse and Sunil Shanbhag, have moved the Bombay High Court challenging the rule under the Bombay Police Act. If brought into effect, plays will require certification from the Police Commissioner and Maharashtra State Performance Scrutiny Board, of a script of a play prior to its performance. The thespian group claims this is an unreasonable restriction on fundamental rights.

Palekar has said in his plea that over the years, he has had to see performances not original form but in modified form because of alterations suggested by the Board. Further, the pre-censorship of scripts occurs only in the State of Maharashtra and Gujarat. Plays in other parts of India can be performed without curtailment of artistic freedom.

The plea raises a challenge to section 33 (1) (wa) under the Bombay Police Act, claiming it to be violative of Articles 14, 19 and 21 of the Constitution of India. Further it says that Article 19 (1) (A) of the Constitution grants freedom of expression to every citizen, be it through newspaper, magazine, films or plays. However, Section 33 (1) (wa) grants the Commissioner or District Magistrate to make rules licensing or controlling the performances.

The plea seeks directions/orders from the court to declare the said provision of the Bombay Police Act as unconstitutional and declare the subsequent rules framed under clause 138 and 139 as illegal and stay the operation of the sections. So that pre- censorship of plays is stopped.

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