Jayeshbhai Jordaar: Delhi HC asks makers to show them sex determination scene; says, ‘otherwise we won’t permit this’

The Delhi high court has ordered producers of Jayeshbhai Jordaar that they must not trivialise the illegal practice of sex determination of foetus, adding that such practices cannot be shown as if they are routine practice. Ranveer Singh plays the lead role in the film that features Shalini Pandey opposite him. The film also stars Boman Irani and Ratna Pathak Shah in important roles. (Also read: Jayeshbhai Jordaar faces PIL in Delhi, plea seeks deletion of this scene)

On Monday, the court heard a plea seeking removal of the scene from the film and asked producers Yash Raj Films to show the relevant portions. They also warned that they will not permit the scene until they see the context themselves.

A Bar and Bench report quoted the bench headed by acting Chief Justice Vipin Sanghi, “You take instructions. You come back. We will have to see or we will have to stay. Unless we see for ourselves, we will not permit this. We will take it up after lunch.”

The judges noted that the trailer of the film does not highlight the fact that sex determination is illegal. They said, “You see there is nothing to show that the lady is taken clandestinely or that this is not legal or actors are aware (in the scene) that it is an offence. What is coming out is that any pregnant woman can be taken to a centre with a sonogram machine and this can be done in a routine manner.”

It added, “Don’t trivialise it to show that anybody can walk into any clinic and get it done. The dramatisation should be that they are aware (that it is illegal) but it is still being done.” Navin Chawla was also on the bench that watched the trailer of Jayeshbhai Jordaar before the statement.

On the part of the producers, senior advocate Jayant Mehta told the court that the “movie is about something illegal” and carries a disclaimer concerning the illegality of the act in question. However, the court said that the size of the disclaimer in the trailer did not make it noticeable.

The court also objected to the fact that the trailer does not show the circumstances in which the lady is taken to the clinic. “This may give an impression that the family takes that woman to the doctor and you come out. No message that it is illegal, no that it is wrong,” it said.

Responding to the petitioner’s claims that the movie must not show sex determination of a foetus, the court said that a scene needs to be seen in its context and questioned if the movie was showing the “ill of the society” or advocating the adoption of techniques of sex determination. “It is like saying you should not show murder or rape because it is a crime. It is the context… If it is shown in the context that it is illegal how can you say? How would you tell a story otherwise,” it added.