Defending the controversial notification banning smoking in movies, the government Thursday informed the Delhi High Court it was willing to provide certain "exemptions", including allowing use of tobacco by actors depicting historical personalities.
"After considering the views expressed by various stakeholders, the government is considering exemptions", an affidavit, filed by the Union health ministry before a division bench of Justices Mukul Mudgal and H R Malhotra in response to a petition by director Mahesh Bhatt challeging the ban.
The proposed exemptions would cover the depiction of smoking and use of tobacco products with regard to historical personalities and eras or during live telecast and documentaries on the ill effects of the products, the affidavit filed by government's counsel Suresh Kait said.
However, the affidavit stoutly defended the notification on the ground it evoked wide support from a larger part of the society.
Maintaining that the state has a duty in furtherance of the Directive Principles to "protect citizens from harmful and noxious products", the centre asserted that the petitioner has no fundemental right to depict film characters smoking to promote them as glamorous.
"There is no fundamental right to trade in tobacco, much less a fundamental right to depict smoking by film/ TV characters", the affidavit said.
The government said that it had been receiving wide support from students and parents as well as from NGOs supporting the ban.
Earlier during the hearing, the bench observed that "while the government's objective of discouraging smoking is laudable, at the same time's its action should be inferred as encroaching upon the freedom of expression and speech of the citizens."
"Tommorow a situation may arise when the government may decide to ban kissing scenes or a boy meeting a girl on the screen", the bench observed in a lighter vein evoking laughter in the courtroom.
The court has adjourned the hearing to December 2 when the ministry of information and broadcasting is expected to file its reply.
The government's May 31st was in tune with the 'Cigarattes and Other Tobacco Products (Prohibition of Advertisemnt and Regulation of Trade & Commerce, Production, Supply and Distribution) Act, 2003, which aims at saving people from involuntary smoking and prohibits direct or indirect advertisement of tobacco products.
Bhatt sought quashing of the notification issued terming it as violative of the fundamental right to freedom of speech and expression guaranteed by the Constitution.
© 2025