The Legal Viability of "Non Pregnancy Clauses" in Film Contract - Legal Analysis

An NPC in film contracts prohibits an actress from getting pregnant until completion of principal photography for the film, a breach of which leads to the dismissal of the actress andor a claim for damages . The consideration of such a provision is attributed to the trouble related with shooting complicated scenes with the pregnant actress because of health concerns, the development of mid-riff of an actress upon pregnancy, which is in accordance with the script, and the disturbance in the shooting plan in light of inaccessibility of the performer on the agreed dates, prompting budgetary loss for the producer. These provisions have been utilized for some time in numerous different countries and have currently crept in the Indian film industry too, with increased number of foreign studios making films here. Until now, a NPC has reportedly been used only once in the Indian film industry, when producer Subhash Ghai contracted with actress Madhuri Dixit, for the film "˜Khalnayak"™, during the time she was in a serious relationship with actor Sanjay Dutt . Short while ago, actress Aishwaraya Rai Bachchan did not appear for the film 'faishon' which was eventually marked by Priyanka Chopra.In this background, it is hypothesized that the producers are anxious to fence themselves against risks emerging out of an actress' pregnancy, soon such conditions will turn into the standard in Indian film industry also, to the degree of existing contracts being improved. Many of the stakeholders believes that the connection amongst an actress and producers in the industry in India is based on trust. Henceforth, it is likely that arrangements and mutual understanding won't be supplanted by such contracts.Anyway it should be recalled that compromises by method for transactions can't occur when the parties have unequal dealing powers. For example, on account of backstage craftsmen opposite the producer, and so forth. This underlines the significance of averting dependence on contract law in such manner. It is important to note that regardless of whether a NPC is proclaimed invalid so far as movies are concerned, the worries of an actress won't get tended to. This is on the grounds that there is no relating obligation on the maker to end the filmserial when an actress is fit to shoot once again. Therefore, when the shooting for the movie hasn't yet begun, or when it is conceivable to recast the specific part in spite of the shooting of the movie have begun, while the on-screen character can't be rejected, the directors can recast her part. Essentially, when there is a settled term contract, there is a possibility that the term of the agreement will lapse when an actress has returned to work. Ayush Kumar Verma"The Legal Viability of "Non Pregnancy Clauses" in Film Contract - Legal Analysis" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17024.pdf http://www.ijtsrd.com/humanities-and-the-arts/other/17024/the-legal-viability-of-"non-pregnancy-clauses"-in-film-contract---legal-analysis/ayush-kumar-verma