The publication of "PM Narendra Modi" does not violate the model code of conduct, according to the EC Chiefs

This film and others of its The liberals released this year annoyed the political observers, who think to be able to bring undue advantages to the big parties and leaders. The great dissatisfaction is that affluent supporters can afford to order such films and that money is never counted as an official election expense.

Films can also be used to target political opponents. Take for example The Tashkent Files . The film, played by Naseeruddin Shah and produced by Vivek Agnihotri, a BJP supporter, describes the circumstances in which former Prime Minister Lal Bahadur Shastri died in Tashkent in 1965. The Shastri family often claimed that There was a plot and the leaders of Congress were involved in his death. charge that is unfounded. The film's release is scheduled for April 12.

During this election year, three biographical films or based on recent historical incidents with political ramifications were published: Ronnie Screwvala Uri: The Surgical Strike, Anupam Kher-starrer The Acting Prime Minister and the activists of Nawazuddin Siddiqui-starrer Thackeray

argue that, given their political nature, these films must be closely watched, especially if their publication is planned when the code of conduct will be in place.

Vivek Oberoi in & # 39; PM Narendra Modi & # 39;

Biographies of Modi, Manmohan and Thackeray Too Close to Reality

Venkatesh Nayak of the Commonwealth Human Rights Initiative pointed out that in the past, biopics of political leaders were also fabricated. In the 1970s, there was Aandhi that many believed to be based on Indira Gandhi. There were, however, many differences between what the film was describing and its real life, with most critics concluding that the film itself was largely unflattering.

"But recently," he said, "there seems to be a new crop of filmmakers who take back the lives of politicians or particular episodes of contemporary history and who make films. So Narendra Modi is described by Vivek Oberoi and Anupam Kher describes Manmohan Singh. These films are too close to reality. "

He stated that although these films may certainly pbad for a creative enterprise," the Electoral Commission should examine them, especially if they have people or easily recognizable elements of recent memory and s & # 39; They are all compatible. essentially the political scene. "

The EC, he said, should see if these films are being broadcast at a time when they can influence voters." The law is currently silent on this subject. But the Commission should remain vigilant – it can do this in coordination with the Central Board of Film Certification – the EC can decide on political perception while the CBFC looks at artistic and creative perception. during the period when the standard code of conduct is in effect. "

Nayak added that" pre-censorship is not permissible under Indian law "and that" it will therefore be necessary for a reason the films will not be publicly disclosed. "

Unlike programs broadcast on television where time is allocated to political parties and no-one can claim any favoritism, Nayak stated that the conditions of competition do not exist. have not equal for all.

"Small parties and regional parties simply will not be able to take on this type of challenge or order films that are just as big and come out simultaneously in as many theaters."

The former CECs differ

However, former chief election commissioners insist that, under current law, the release of films can not be stopped when the standard code of conduct is in force. But they said that objections can be raised and that the issue is examined.

The former CEC, N. Gopalaswami, told The Wire "Perhaps at this point an objection might be there."

On the other hand, VS Sampath noted that it was important to see the film before making an opinion. "It will be like shooting in the dark without seeing anything of the film".

He also pointed out that "there is no restriction on the release of films" or when leaving a film. "I do not think there's a model code banning that."

Sampath said that there could be no motive for action "if anyone could establish that it was done to advertise that person or the party to which he belongs.

Regarding the recommendation to producers not to release their films too close to the elections, he said that should have been done much sooner. "But not now, because it seems that you are trying to react to a particular situation through a general policy."

The former CEC, S.Y. Quraishi also agreed that the EC has a limited role to play in existing law. "It's a private movie. If a political party, like BJP, had also directed the film, then could have done the EC? It is not the government or any of its agencies, like Doordarshan, that produces the film or broadcasts it. This is a private movie that is screened in private theaters, so what can be the objection? "

As to whether this amounts to alternative advertising, Quraishi asked" what is the restriction on advertising? All parties are advertising, is not it? They place ads in newspapers and on television. So, even if it's advertising, what can be done? "

The former CEC stated that, if it is established that it is" direct advertising ", the only question that arises is" whether it must be declared as an expense by the "concerned" political party. But even in this case, he added, the expenses of a political party are not limited. "Suppose a party says that it actually produced the film and spent a certain number of millions of rupees. Even then, who can oppose it? Nobody. I do not see any problem with that. "

If the release of such films was unethical, he said" suppose that even if it is a propaganda film, even in this case, who can stop it. Suppose the producer himself is a political party, so what? "

However, Quraishi pointed out that campaign films prepared by political parties are subject to EC control and the standard guidelines of the code of conduct.

Another point to note. is that Article 126 of the 1951 Law on the Representation of the People provides for a "48-hour silence period" before the vote of a constituency. But if a film is used to spread a political idea or promote a political figure, it can continue to be projected even after the end of the campaign.