Maharashtra firm on censoring plays, scripts

The Maharashtra government is adamant on censoring all theatre performances before they are staged. The state claims that it has the right, in the interest of “public order, decency or morality”, to scrutinise performances and script to know and whet what people see on stage before they see it. This stand of the government came to the fore during a hearing of actor Amol Palekar’s petition for squashing certain sections related to pre-censorship of plays and dramas. The high court has given the state two weeks to clear its stand and also asked Mr Palekar to file a rejoinder on the government’s reply if he desires.

The actor-cum-filmmaker had, in Sepetember, challenged pre-censorship of theatre performances, conducted by the Maharashtra State Performance Scrutiny Board (MSPSB), under various provisions of the Bombay Police Act, 1951. Mr Palekar has argued that this restricts freedom of speech and expression. The division bench of Chief Justice Manjula Chellur and Justice M.S. Sonak was hearing the writ petition filed by Mr Palekar.

Earlier, the state government submitted a circular in the court, issued by the Mumbai police commissioner, stating that said an amendment had been carried out in the Bombay Police Act, 1951, and condition of pre-censorship of dramas, plays and ghazals in auditoriums and local functions by police was removed in March 2016. According to the amendment, police permission is required only if a foreign artiste or actor is performing, due to security reason. However, when the matter came up for hearing on Tuesday, chief general prosecutor Abhinandan Vagyani said that pre-censorship by the police had been stopped, but MSPSB will check the scripts of plays and dramas before they open to public. “The state has a right to check such scripts because if scripts are controversial or hurting the sentiments of even a fraction of people, it may cause law and order problem,” Mr Vagyani said.

According to Mr Palekar’s petition, the pre-censorship rules, that exist only in Maharashtra and Gujarat, are “arbitrary” and “violate” the fundamental rights of a citizen guaranteed under the Constitution of India. Pre-censorship, he has said, leads to curtailment of artistic freedom. Mr Palekar has further stated that many historic plays have not been performed in their original form.