HC strikes down ban on working of 65+ aged Cinema and TV Artists

Artists & crew members aged above 65 years are now free to resume shootings for films, television serials & over-the-top media, after the High Court of Bombay on Friday struck down a condition imposed by the Maharashtra Govt in view of the Coronavirus pandemic prohibiting them from attending studios & outdoor shootings.

The bench of Justices SJ Kathawalla & Riyaz Chagla struck down the condition on the grounds that it was discriminatory & arbitrary.

The bench said that “In our view, there is discrimination in the disparate treatment of persons who are 65 years of age or above in the film or television industry & in other permitted sectors & permitted activities".

The condition formed part of a Govt Resolution (GR) issued on May 30, the day on which the State Govt allowed resumption of shootings for films, television serials & over-the-top media series, & pre-production & post-production works after a gap of over 2 months.

The bench said if there was no general prohibition on persons above 65 years from working or practicing their trades & businesses that were allowed to operate, an age based prohibition in only one industry, namely the film industry / television / OTT “would constitute an unreasonable restriction”.

High Court said it would be a different matter if, for policy & health considerations, the film industry would not be allowed to operate or open for filming & other related activities. “However, having permitted the film industry to operate & open, introduction of the condition that places an absolute restriction on persons above 65 years from carrying out their occupation & trade, would amount to an unreasonable restriction, & hence a violation of their right under Article 19(1)(g) of the Constitution.”

Pramod Pandey, an actor by profession, who has been earning his livelihood by performing small roles in films & TV serials since the past forty years, & the Indian Motion Pictures Producers Association had challenged the validity of the condition before High Court. They opposed the condition primarily on the grounds that it was discriminatory & imposes unreasonable restriction on their right to carry on their trade & occupation.

The Court accepted their contentions & held that the absolute prohibition on cast & crew above 65 years who earn their livelihood from the film industry was a measure that violated the right of the petitioners to live with dignity under Article 21 of the Constitution of India.

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