Sourav Ganguly vs Doosra: Why former Indian captain approaches Delhi HC over his portrayal in film | Explained | Today’s news
Former Indian cricket captain Sourav Ganguly has approached the Delhi High Court over the recently released film Doosra, alleging that the makers have used his identity, personal history and significant moments from his cricket career without his consent.
Why did Sourav Ganguly go to court?
The controversy is not just about a film inspired by a famous cricketer. It also includes a separate deal in which Ganguly has granted production house Luv Films the rights to develop a feature film based on his life.
Ganguly and Luv Films filed a lawsuit against the makers of Doosra alleging that the sports drama is making commercial use of his personality and professional achievements.
Their objection mainly concerns the film’s references to the historic 2002 NatWest series, including moments associated with Ganguly’s captaincy.
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The case has now reached an important stage where the Delhi High Court has asked Ganguly’s legal team to specify exactly which parts of the film they find objectionable. The court indicated that it cannot simply consider banning the entire film without examining the specific allegations and hearing both sides.
More about the dispute
The dispute centers around Ganguly’s personality rights and the deal he entered into with Luv Films on August 5, 2021. The production company, which is developing a biopic on the former cricketer titled Dada, says it has secured exclusive global audiovisual rights to bring his life story to the big screen.
The deal reportedly covers elements including Ganguly’s name, likeness, voice, personality and significant events in his life. Luv Films argued that Doosra was infringing the contractual rights it had acquired through the arrangement.
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Ganguly’s objection is that the film used aspects of his life and cricketing achievements without obtaining his permission. His legal team particularly pointed to the 2002 NatWest Series, one of the most memorable chapters of his career as Indian captain.
The famous final at Lord’s, where India chased down England’s target to win the tournament, remains closely associated with Ganguly. His shirtless celebration in the Lord’s Balcony after the victory has become one of the most remembered images in Indian cricket.
During the court proceedings, Ganguly’s lawyer argued that the second half of the film focuses heavily on the NatWest match and that his image was used without consent. The legal team also argued that the use of these recognizable moments raised questions about commercial exploitation of his identity.
The lawsuit therefore addresses two related concerns: Ganguly’s claim that his personality rights have been violated, and Luv Films’ argument that the film infringes on rights granted to it under an agreement to create an authorized biopic.
What did the makers of Doosra say in their defence?
The makers denied that Doosra was a biopic on Ganguly or made commercial use of his personality. Their stance is that the sports drama tells the fictional story of Tara, a young middle-class woman from Rajasthan, who challenges societal expectations and draws inspiration from significant moments in Indian cricket.
According to the makers, Ganguly is a source of inspiration for the central character rather than the subject of the film. They also argued that they had obtained the necessary permissions from the respective copyright holders to use the cricket footage.
During the proceedings, the makers’ legal team claimed that permissions were obtained from the Board of Control for Cricket in India (BCCI), the England and Wales Cricket Board (ECB) and the producer of the documentary on Ganguly for the footage and material used in the film.
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The distinction is important because the filmmakers essentially argue that using footage from a cricket match with the necessary copyrights is different from commercial exploitation of Ganguly’s personality without his consent.
What did the Delhi High Court say?
The Delhi High Court has so far refused to stay the film’s release. On 22 October, the court rejected Gangula’s original plea to prevent Doosra from hitting the screens. The next day, she sought a response from the filmmakers and ordered them to arrange for the film to be screened.
During the hearing on 29 October, Justice Tejas Karia asked Gangula’s legal team to provide a detailed list of the scenes it finds objectionable, along with their exact time stamps and grounds for objection.
The court also asked the filmmakers to produce a pen with the film so that it could examine the disputed portions. It sought the manuscript of the Dada biopic proposed by Luv Films in a sealed envelope to understand the contractual rights claimed by the production house.
The court questioned whether it was necessary to block the entire film when the allegations could relate to only certain parts.
It also suggested possible alternatives to stopping the film altogether. These included licensing objectionable material, deleting or muting specific scenes and dialogue, or adding a disclaimer at the beginning of the film.
The court has not yet decided whether Gangula’s personality rights or Luv Films’ contractual rights have been violated. It asked the parties to provide more specific material before considering what relief, if any, should be granted.
The matter is scheduled to be heard again on November 2 after the court examines the film and the objections filed by Ganguly’s side.
What is Doosra all about?
Titled Doosra: India’s Other Freedom Struggle, the film is directed by Abhinay Deo and stars Plabita Borthakur, Ankur Vikal and Samidha Guru.
The sports drama follows a fictional middle-class girl from Rajasthan whose life is influenced by Indian cricket and the events surrounding Ganguly’s career. The film uses cricket as part of a larger narrative about a woman challenging societal expectations.
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It is this combination of a fictional story and real sporting events that became the focus of the lawsuit.
The Delhi High Court has not yet ordered the movie to be pulled from theaters. However, his next hearing could be important in deciding whether specific scenes need to be changed, removed or accompanied by a disclaimer before the film hits streaming platforms.
