Senior actors like Kanwaljeet Singh (left) and Surekha Sikri (right) had earlier objected to the rule that barred them from working on film and TV sets.
The Bombay High Court on Friday quashed two government resolutions issued by the Maharashtra government that barred film and TV artistes and crew members above 65 years of age, from going to work to studios or outdoor sets during the COVID-19-induced lockdown.
A bench of Justices SJ Kathawalla and RI Chagla set aside the GRs (government resolutions) issued on May 30 and June 23 by the state government. The bench, however, said that “all other advisories applicable for all persons above 65 years of age, will be applicable for those above 65 years of age working in the film and TV industry.”
The bench’s judgement came in two petitions, one by film and TV artist Pramod Pandey (70), and another by the Indian Motion Pictures Producers Association, filed through advocate Ashok Saorogi.
Both petitioners had challenged the state resolutions issued under its ‘Mission Begin Again’ initiative that barred TV and film cast and crew from sets and studious. The Maharashtra government had earlier told the bench that the restriction had been issued out of “benevolence” and was meant for the artistes’ own good since stepping outside during the coronavirus pandemic would put them at risk of contracting the disease.
The court, however, had questioned why the state restricted only TV and film artistes, while permitted those above 65 years of age in other sectors to go to work, sit at their shops among others. It had said that the state’s decision seemed like a case of “discrimination.” The bench had also said at the time that a person could not be deprived of his or her livelihood.
Senior counsel Sharan Jagtiani, appointed as amicus curiae in the case to assist the court, had earlier told the bench that the state’s restrictions had been imposed upon film and tv artistes without due application of mind, and without any basis in law.
A detailed judgement of the court is likely to come later in the day.
Indianexpress.com had earlier talked to a few senior actors and filmmakers to understand the impact of Maharashtra government guideline, barring film and TV artistes and crew members above 65 years of age from going to work to studios or outdoor sets during the COVID-19-induced lockdown.
Filmmaker Prakash Jha, 68, said, “There are no two opinions about it. No one will tell you that it is okay to not allow senior actors on set. It is wrong. With all the guidelines in place, I don’t know when one would be able to shoot a film. More than half the day will go in explaining the guidelines and following them. But this is the reality of the day, so we will be managing the way we have to. Creating restrictions makes things impossible. Amitabh Bachchan, even during the pandemic and the lockdown, has been recording and shooting. He has been helping the government and the society. Are we expected to shoot from home now? Whatever it is, the government is also correct that of course people above the age of 65 are at risk, but we can create an environment where we follow all the necessary precautions. In this case be even more careful and continue working. From day one, I have been saying that a complete lockdown was not something that was going to work. What is going to work is that we learn the process of living with it.”
Dalip Tahil, 67, added, “I understand that it is a recommendation and that the government is very concerned for people over the age of 65, and that it gets difficult for older people, but then they should give us tax breaks also. With this guideline, they are anyway taking away our right to work. Actors over the age of 60 find it difficult to find work, especially female actors, and now producers might not even consider employing older actors. It is a mature industry. Producers want to make sure that their talent and crew are safe. Things are much different now. So, I don’t see why senior actors should not be a part of film shoots.”
75-year-old filmmaker Subhash Ghai had a more centrist approach to the issue. He said, “I have always been a law-abiding citizen, and I want to continue being that. So, I can understand why the government wants people above a certain age to not be on shoots. With the ongoing pandemic, we are put in a very delicate situation. It is an unprecedented situation. When I look at the guideline from the film industry point of view, then I also agree with them. Many talented people, particularly actors and technicians like me, can stay away for a bit longer, but when it comes to senior actors how can they hold on. They are irreplaceable. I think we are all trying to work through the changing world, so of course, we are going to try a lot of things, and at the same time be more cautious. It is difficult to have so many restrictions. There are a number of talents and technicians required, but I am also sure that with time, we will be able to get back to normal. We just have to let this phase get over, and in the meanwhile learn how to be more careful while we learn to live with this virus. I would like to follow what the government says because they are looking after the people.”
(With inputs from Komal RJ Panchal)