Nachiketa Walhekar v. Central Board of Film Certification, (2018) 1 SCC 778 held, Court will be extremely slow to restrain creative works, once Board had approved exhibition. The context, intention and overall message must be considered before protection of free speech is lifted.

We have heard Sanjoy Ghose, Senior Counsel and Jai Anant Dehadrai, Counsel appearing on behalf of Nipun Malhotra. The certification itself is not seriously in challenge. Nipun Malhotra has highlighted instances where certain medical conditions have been misrepresented. These include (a) misrepresentation of night blindness; and (b) derogatory references to (i) a person with Alzheimer’s as “bhulakkad baap”, (ii) a hearing-impaired person as a “soundproof system”; and (iii) a character with speech impairment as an “atki hui cassette”. Nipun Malhotra seeks recommendations to beep certain parts.

We are not inclined to interfere, especially considering inclusion of a disclaimer. But, creators must check for accurate representation of a medical condition as much as possible. The misleading portrayal of what a condition such as night blindness entails may perpetuate misinformation and entrench stereotypes.

– Hon’ble Chief Justice of India, Hon’ble Justice Dr. D.Y. Chandrachud, Nipun Malhotra v. Sony Pictures Films India Private Limited, [Civil Appeal No. 7230 of 2024].