Ban on Ranveer Singh: Did film body FWICE pull a Khap?

The Federation of Western India Cine Employees (FWICE), on Monday, issued a boycott notice against Ranveer Singh, following filmmaker Farhan Akhtar's complaint that the actor walked out of his project, Don 3, days before shooting was to begin, thereby causing losses.

FWICE’s decision means the 40-year-old actor will reportedly remain banned from working on new projects within the industry until he resolves his dispute with Akhtar over Don 3.

A lot of water has flown under the bridge in less than a day. Now, there are the questions everyone is asking: How legal is the FWICE ban? Is Farhan Akhtar right in getting Ranveer Singh banned by a film body instead of approaching a court of law? And does FWICE actually have legitimate power to ban an artist? Importantly, has FWICE, in its zeal to rule in favour of producers who suffer owing to the alleged whims of a Bollywood star, unwittingly behaved like a cartel or a Khap functioning outside the purview of the Indian Constitution?

Is the FWICE ban technically legit?

FWICE, it would seem, has acted out of turn. Because, put simply, if a private body in India bans an artist, it does not have binding legal force even if he is in the wrong.

"If the reported 'ban' on Ranveer Singh is by a private association or pressure group and not through a court or statutory authority, its legal enforceability is weak. It may create public pressure, but by itself it does not have binding legal force," says Raheel Patel, Partner at Gandhi Law Associates.

Besides, the law would state that such an action pertains to coercive market control rather than legitimate professional response.

"A blanket industry ban can create the impression of a cartel-like mindset, especially when a private body tries to enforce collective pressure outside a formal legal process," says Alay Razvi, Managing Partner of the legal firm Accord Juris, and adds: "But in law, the real question is not the label (of a cartel or khap). It is whether the body had authority, followed fair procedure, and stayed within lawful limits. If those standards are missing, the action may look more like coercive market control than a legitimate professional response. The issue then becomes less about industry opinion and more about whether private power is being used to operate above the law," the lawyer adds.

Can the ban be challenged?

But can the FWICE ban be regarded as a compulsory procedure within the industry? Says lawyer Akshat Pande: "FWICE or similar such organisations are generally constituted as a society or trust, and are voluntary self-governing organisations, where neither membership is compulsory for all nor do such organisations have any jurisdiction on persons other than members. Pande, Managing Partner at Alpha Partners, stresses the fact: "Such organisations cannot prescribe anything which is otherwise not legal."

There is another important point to note here. Despite being a private industry body, FWICE does have the power to use internal force to impose its decisions. But that, Razvi says, would not be the same as a statutory or government ban. Such a decision can still be challenged if it is arbitrary, unfair, contrary to the body’s rules, or violates basic principles of natural justice.

"In legal terms, a private ban cannot override law or create punishment without proper authority," says the lawyer.

What Ranveer Singh could do

Ranveer Singh seems to be pushed to a spot where approaching the law seems the ideal way to go. Pande suggests mediation or arbitration, unless the actor prefers going to court to challenge the ban.

The important thing is clarity on the issue before pursuing settlement, mediation, or an internal appeal if the association allows it. "Ranveer Singh can first seek clarification and reconsideration from the body that issued the ban," says Razvi. "If the action causes real professional harm, he may move the High Court seeking relief, especially if the ban is without authority, arbitrary, or passed without hearing him. He may also ask for interim protection, so the restriction does not affect ongoing work."

At stake for Ranveer Singh professionally

Ranveer Singh reportedly has Jai Mehta's dystopian zombie horror film Pralay in pre-production stage right now. He co-stars with Kalyani Priyadarshan in the upcoming mega-budget project. Rumours have linked him with the upcoming projects of Sanjay Leela Bhansali and Karan Johar, though nothing has been officially announced yet.