Bollywood To Include Specific Drug Consumption Clause In Future Contracts

Legal advisor to a lot of foreign studios, Dina Dattani, recently revealed that most of the international studios have a clause which says that consumption of alcohol /or any controlled substances during work is prohibited. Read on.

New Delhi: With the unfortunate demise of Bollywood actor Sushant Singh Rajput, a book of debates opened up in the tinsel town. When his death case was transferred to the CBI for investigation, the ‘drug angle’ emerged and the Narcotics Control Bureau (NCB) took over this part of the probe. Many big names came to the limelight during the investigation and now, produces bodies feel that certain clauses need to be incorporated and well-defined in future contracts. Legal advisor to a lot of foreign studios, Dina Dattani, recently revealed that most of the international studios have clause which says that consumption of alcohol /or any controlled substances during work is prohibited. She told PinkVilla, “Yes, most international studios do have a clause worded similar to the following draft: The consumption of alcohol and/or controlled substances during working hours will be considered a violation of the terms of this agreement and may be cause for the artist's immediate dismissal at the producer's entire discretion.” “In addition, contracts often state that the artist shall adhere to all the policies of the producer in place relating to the prohibition of the use of drugs, alcohol, smoking, employee harassment and sexual harassment in the workplace, and others in place from time to time in relation to this production. A set of policies is then provided to each artist/crew member for that production”, she added. Speaking on drug-related clause for actor’s in India, Dattani said, “I have not seen these types of clauses in artist agreements in India (unless they are with a major studio). I would also state that there is still a major reluctance in India for star artists to enter into detailed agreements that cover these and other issues.” President of IMPPA, TP Agarwal also said that he objects to the allegations by Kangana Ranaut that 99 per cent of Bollywood is into drugs. He said, “I object to the allegation. After the recent episode of drug allegations against actors, there is definitely a need for insertion of a clause in contracts. Once Covid 19 is under control, we will definitely hold a meeting with other producers' bodies to discuss this issue.” Hitesh Jain, Senior Lawyer who has worked with a lot of big production firms also spoke to the same portal and said, “There are standard representations in contracts that artists shall not indulge in any activities which shall bring disrepute to the brand/ product or the company. We may now see a new trend where there may be a specific clause that maybe insisted by some companies stating artists should not indulge in narcotics and if named in any narcotics investigation for either consumption or otherwise dealing with drugs, then the company may have the right to terminate the agreement.” Rohini Vakil is a legal advisor to film bodies and members of the film fraternity. While speaking to the same entertainment portal, she said that some producers already have this clause in their contracts. Rohini Vakil said, “The clause reads as follows: The artist warrants that he shall not indulge in any acts which are outside the parameters of the law which may be in force in India, including but not limited to the Indian Penal Code 1860 and the Narcotics Drugs and Pyschotropic Act 1985.” She further added, “It is not in every agreement but going forward definitely must be part of every agreement. If any artist indulges in any illegal activity, it is a huge loss for the producer as there are many people involved in a production. So, this should become mandatory given the current circumstance.” Stay tuned for more updates!