After nearly a decade of pending legal proceedings, the Bombay High Court is finally 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 a final hearing on December 5, 2025, before a bench comprising Justices Riyaz Chagla and Farhan Dubash. This marks a significant moment in Palekar’s decade-long battle for artistic freedom.
Palekar, now 80 years old, seeks protection of artistic freedom by challenging the existing requirement under the Bombay Police Act. Currently, this law imposes prior scrutiny of scripts and mandates certification from the Maharashtra State Performance Scrutiny Board before any play or public performance can be staged.
His counsel, Anil Anturkar, highlighted the urgency of the matter in court, stating, “The petitioner is 85 years old now and wants an outcome, be it positive or negative.” Anturkar also emphasized the importance of artistic freedom in today’s digital age, pointing out that “there is no censorship of shows and series on OTT platforms,” and questioned the rationale behind continuing mandatory censorship for live performances.
The petition specifically contests 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 manage performances — including traditional tamashas and melas — by requiring script scrutiny to safeguard “public order, decency, or morality.”
Amol Palekar’s petition argues that such pre-censorship is an unconstitutional curtailment of artistic freedom. He notes, “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 had admitted Palekar’s plea in 2017 but delayed the hearing on its merits for several years. The upcoming session on December 5 is expected to bring much-needed closure to this critical issue affecting artists and cultural institutions.
This case is being closely watched by the theatre community and arts organizations across India. A ruling in favor of Palekar could pave the way for greater freedom and creativity in live stage performances in Maharashtra and potentially nationwide.
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