Court says freedom of expression cannot justify insulting a community

India’s Supreme Court on Wednesday strongly criticised the makers of the upcoming Netflix film Ghooskhor Pandat, questioning its controversial title and warning that freedom of speech cannot be used to target a community.
A bench of Justices B.V. Nagarathna and Ujjal Bhuyan issued notices to the Centre, the Central Board of Film Certification (CBFC) and filmmaker Neeraj Pandey on a public interest litigation seeking a stay on the film’s release.
During the hearing, the court said the title appeared offensive and could upset social harmony. Justice Nagarathna pointed out that while creative freedom is protected, it does not allow anyone to portray a section of society in a negative light.
“Why should you denigrate a section of society by using such a title?” the bench asked. It made it clear that the film would not be allowed to release unless the title was changed.
The petition before the court claims that the film’s name and storyline promote caste and religion-based stereotypes. It argues that combining the caste title “Pandit” with the word “ghooskhor”, which means bribe-taker, creates a damaging image of the Brahmin community and hurts its dignity and religious sentiments.
The plea also states that this amounts to a violation of constitutional rights, including equality and the right to live with dignity. The case will be heard next on February 19.
The petition was filed by Atul Mishra, National Organisation Secretary of the Brahman Samaj of India, through advocate Dr Vinod Kumar Tewari. He has sought directions to stop the film from being released or screened in its current form.
Representing the filmmaker, counsel told the court that the trailer had already been taken down from social media platforms and that the title was in the process of being changed.
The court has now asked the producer to submit an affidavit detailing the steps taken so far, including the proposed new title.