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In a relief for the cast/ crew above 65 years, the Bombay High Court on Friday quashed and set aside conditions imposed by the Maharashtra Government through two government Resolutions(GR), which barred any cast or crew member above 65 years to be present at the shooting site during the pandemic.
Advocate Purnima Kantharia appearing on behalf of the state told the court that the prohibition had been imposed as those above the age of 65 were at a higher risk of contracting coronavirus.
Advocate Ashok Saorogi appearing on behalf of the petitioner argued that such prohibition had only been imposed on the film and TV industry.
The bench stated that the learned Advocate for the State had to be reminded that the actors performing small roles are required to go to the studios and request for work so that they can have their meals two times a day, and no Producer/Director is going to shoot their role via Facetime, Zoom, Skype, etc.
The bench has appointed senior counsel Sharan Jagtiani as amicus curiae to assist it with the case. Jagtiani said that the center’s guidelines were advisory and not mandatory, however, the same relaxations were not contained in the state’s May 30 order.
The court has observed that the order is arbitrary, discriminatory, and violative of their right to live with dignity.
“ In our view, the Impugned Condition is not based on any intelligible differentia between the two identical classes of persons above the age of 65 years as set out above. Whilst there may be a nexus with the object sought to be achieved, i.e. to protect vulnerable people from the Covid-19 pandemic, there is no intelligible differentia between persons who are 65 years of age or above in the cast/crew of films and TV shootings on the one hand and persons who are 65 years of age or above in other sectors and services, permitted under prevailing lockdown orders.”
-Bombay HC.
Thus the impugned condition in the two GR’s was quashed and set aside.
The writ petition was filed by actor Pramod Pandey who has been acting in tv and films for the last 40 years, who claimed that he is fit and the state's rule has deprived him of his only source of livelihood.
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