Bombay:
The decision to prevent people over 65 from attending filming on film and television sets did not discriminate against them and was taken in the general interest of those people, said the Minister. government of Maharashtra to the Bombay High Court.
The government, however, also said that no data or statistics were taken into consideration while banning people over 65 from participating in filming and TV shows.
In an affidavit, filed by Prasad Mahajan, Undersecretary at the State Department for Tourism and Cultural Affairs, the government said its order banning people over 65 from going to film sets and television was not intended to discriminate, but was in the general interest and for the safety of those people.
The affidavit was submitted on Saturday in response to a petition filed by a Pramod Pandey challenging guidelines issued by the state government on May 30, 2020, stating that no cast / crew member over 65 years will only be allowed to film and television. shooting sets.
A division bench of Justices S J Kathawalla and R I Chagla will take the petition for a final hearing next week.
The 70-year-old petitioner said he played small roles in films and TV series for four decades and had no other source of income.
He added in his petition that although he is in good physical condition, he is not allowed to go to studios and take part in filming.
The government in the affidavit said all of its orders passed from time to time in the wake of the COVID-19 pandemic specifically directed the elderly and children to stay home and only go out for essential reasons of work and health.
“This requirement is not to deprive members of the cast team over the age of 65 nor can it be characterized as discriminatory as the best interests of the cast and the crew have been protected and the balance is maintained by allowing them to work from home or away, videoconferencing or other video sharing applications, ”the affidavit states.
“People who can’t make it to studios can work from home and earn a living like many people do in private offices. If that is not possible either, alternative arrangements should be adopted for a living and surviving in this COVID -19 pandemic situation, the government said.
The court asked the government on Tuesday whether it was relying on data or statistics before passing the order.
In response, the affidavit reads: No data / report / statistic was considered prior to issuing the disputed guidelines prohibiting crew / cast members over the age of 65 from attending shootings or performances. film studios. “
The affidavit says that to control the rise in COVID-19 cases, the state government has imposed restrictions in various sectors. Some of these restrictions have been relaxed from time to time.
Several requests have been made to the government to allow the shooting of films and television series, he said.
“While the country’s economic progress has been hampered by the COVID-19 outbreak, the government has given permission to resume the film and television industry with easing some restrictions, according to the affidavit.
The government has said the petitioner (Pandey) may be in good physical shape, but the fact remains that you never know when a person would be infected with the coronavirus.
“The virus could infect anyone who comes in contact with an infected person. A person could be asymptomatic and spread the infection to others who have weak or weak immunity, according to the affidavit.
He added that even guidelines issued by the central government in the wake of the COVID-19 pandemic imposed restrictions on the movement of the elderly and children.
“If the central government relaxes its guidelines for people over 65, the state government would also adopt the same,” the affidavit states.