[Jayeshbhai Jordaar] Film Can't Project That Prohibited Pre-Birth Sex-Determination Facilities Are Available Without Any Fetters: Delhi High Court

The Delhi High Court today observed that Ranveer Singh starrer Yashraj film "Jayeshbhai Jordaar" based on female foeticide, though intends to give a good message to the society, however, its trailer projects as if pre-natal sex-determination techniques (that are prohibited in law) are freely available for public.While hearing a plea filed by an NGO namely Youth Against Crime, bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed,"There is nothing to show in the trailer that the lady is taken to the doctor clandestinely...What is coming out is, any pregnant woman can be routinely taken to the centre with sonography machine and this can be done without any fetters."The Bench said that it understands that for storytelling, it is essential to show that such activities are taking place despite prohibition. However, it was of the opinion that the makers cannot trivialize this activity or project that anybody can freely avail of this facility."When you show a dacoity/ murder/ rape, do you show it in routine? Your dramatization should be that look they are aware of the fact that this is illegal but it is still being done by an unscrupulous doctor. In reality also it's not the case that you walk in and they'll do it for you," the Bench continued.It then orally told the Respondents to show to the Court in what circumstances the lady character in the film is taken to the clinic and how the doctor and other characters are behaving. "Unless we see for ourselves and are satisfied, we are not going to permit this. You seek instructions or otherwise we will have to stay this."The film is set to hit the theatres on May 13. The hearing will continue tomorrow.The Respondents have assured that an authorized person will physically handover the entire film's copy to the Court for its perusal, latest by tomorrow.The counsel for the Petitioner, Pawan Prakash Pathak, insisted that the primary grievance is with respect to display of use of ultrasound technology for sex selection. Reference was made to Section 3, 3A, 3B, 4, 6 & 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.The Act provides for prohibition of sex selection, before or after conception, and for regulation of prenatal diagnostic techniques for the purposes of detecting genetic abnormalities, etc.Section 3A prohibits sex-selection, Section 3B prohibits sale of ultrasound machines, etc., to persons, laboratories, clinics, etc. not registered under the Act.Section 22 specifically prohibits advertisements relating to pre-natal determination of sex and punishment for contravention.Thus, it is prayed that the Respondent, Central Board of Film Certification may be directed to censor or delete the Ultrasound clinic scene from the film.The Respondents on the other hand argued that both the film as well as its trailer, with relevant disclaimers, have been approved by the CBFC. Delete Legal trouble for Ranveer Singh starrer #JayeshbhaiJordaar The film is facing a challenge before #DelhiHighCourt over depiction of a prenatal sex-determination scene in the trailer.@RanveerOfficial @yrf pic.twitter.com/RkoC2AkJzQ— Live Law (@LiveLawIndia) May 9, 2022 Case Title: Youth Against Crime v. Union of India & Ors.

[Jayeshbhai Jordaar] Film Can't Project That Prohibited Pre-Birth Sex-Determination Facilities Are Available Without Any Fetters: Delhi High Court

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