Supreme Court Upholds Cultural Exchange: Rejects Plea to Ban Pakistani Artists in India

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In a significant ruling, the Supreme Court of India has dismissed a plea seeking a complete ban on Pakistani artists working in India, advising the petitioner to adopt a broader perspective. This decision reaffirms the court’s stance on cultural harmony and the importance of artistic exchange between nations.

The plea, filed by Faaiz Anwar Qureshi, who identifies as a cine worker and artist, was initially rejected by the Bombay High Court. Qureshi’s petition called for a ban on Indian citizens, companies, and associations from employing or collaborating with Pakistani artists, including cine workers, singers, musicians, lyricists, and technicians. The Bombay High Court had dismissed the petition, emphasizing that such a ban would be a retrograde step against cultural harmony, unity, and peace.

The Supreme Court bench, comprising Justices Sanjiv Khanna and SVN Bhatti, echoed these sentiments. The bench advised Qureshi,

“You should not press this appeal. Do not be so narrow-minded.”

The top court also declined the petitioner’s request to expunge certain remarks made by the high court against him.

The Bombay High Court, in its earlier ruling, had highlighted the importance of arts, music, sports, culture, and dance in transcending nationalities and promoting peace and unity. The court had observed,

“A true patriot is a person who is selfless, who is devoted to the cause of his country, which he cannot be unless he is a person who is good at heart. A person who is good at heart would welcome in his country any activity which promotes peace, harmony, and tranquillity within the country and across the border.”

The High Court also referred to the participation of the Pakistani cricket team in the Cricket World Cup tournament in India as an example of positive steps taken by the Indian government towards peace and harmony, in line with Article 51 of the Constitution of India, which advocates the promotion of international peace and security.

Qureshi had cited a ban by the All Indian Cine Workers Association (AICWA) against engaging Pakistani artists in the Indian film industry as part of his argument. He claimed that not implementing such a ban would lead to discrimination against Indian artists and reduce commercial opportunities for them. However, the High Court had reasoned that imposing such bans would violate the fundamental right of Indian citizens to conduct business and trade.

This ruling by the Supreme Court is a significant affirmation of the importance of cultural exchange and the rejection of narrow-minded approaches to patriotism and international relations.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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