After nearly a decade of pending legal proceedings, the Bombay High Court is set to hear actor-director Amol Palekar’s long-standing petition challenging the mandatory pre-censorship of stage plays and performances. The petition is scheduled for final hearing on December 5, 2025, before a bench comprising Justices Riyaz Chagla and Farhan Dubash.
Amol Palekar’s decade-long battle for artistic freedom is now nearing closure. At 80 years old, Palekar seeks protection of artistic freedom by challenging the existing requirement under the Bombay Police Act. This requirement mandates prior scrutiny of scripts and compulsory certification from the Maharashtra State Performance Scrutiny Board before any play or public performance can be staged.
His counsel, Anil Anturkar, addressed the court, stating, “The petitioner is 85 years old now and wants an outcome, be it positive or negative.” Anturkar highlighted the significance of artistic freedom in today’s digital era, pointing out that “there is no censorship of shows and series on OTT platforms.” He questioned the logic behind maintaining a mandatory censorship regime for live performances amid such developments.
The petition specifically contests the rules framed under Section 33(1)(wa) of the Bombay Police Act. These rules authorize police commissioners or superintendents to regulate “places of public amusement” and performances, including traditional tamashas and melas, by requiring script scrutiny to safeguard “public order, decency, or morality.”
Palekar’s petition argues that such pre-censorship amounts to an unconstitutional curtailment of artistic freedom. He stated, “This pre-censorship leads to curtailment of artistic freedom. Because of this, many historic plays have not been performed in their original form.”
The Bombay High Court admitted the plea in 2017 but has long delayed its hearing on the merits. The upcoming session on December 5 is expected to bring closure to this critical issue impacting artists and cultural institutions.
This case is being closely followed by the theatre community and arts organizations. A ruling in favor of Palekar could pave the way for greater freedom and creativity in live stage performances, not only in Maharashtra but potentially across India.
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