In a move to resolve a legal dispute, the Delhi High Court has directed senior journalist and author Coomi Kapoor, along with Netflix and Manikarnika Films, to explore mediation. The conflict revolves around allegations of contract breach and reputation damage concerning Kapoor's book, "The Emergency: A Personal History."
Justice Manmeet Pritam Singh Arora of the Delhi High Court has referred the matter to mediation, encouraging the parties involved to settle the issue amicably. The court was informed by the legal representatives of all parties that they are willing to attempt mediation through the Delhi High Court Mediation and Conciliation Centre before pursuing further litigation.
"With the consent of the parties, the matter is referred to mediation… List before the mediation centre on May 09," the Court stated.
The court further ordered that, depending on the judge in charge, the matter should be listed before another judge on May 20.
The dispute traces back to a legal notice issued by Coomi Kapoor to Manikarnika Films and Netflix. Kapoor has accused the two entities of breaching their contract and harming her reputation by implying that the film "Emergency" is based on her book, "The Emergency: A Personal History." Published in 2015 by Penguin, Kapoor's book is a detailed account of the 1975-77 Emergency period in India, based on her extensive research and personal experience.
According to Kapoor, the film "Emergency," which stars Kangana Ranaut, contains "historical inaccuracies," yet her book is being blamed for them. She has alleged that Manikarnika Films and Netflix violated two specific clauses in their tripartite agreement:
- Authenticity Clause: The contract mandated that any content should not deviate from established historical facts available in the public domain.
- Author's Consent Clause: The contract specified that the author's name and book should not be used for promotion without her written consent.
The film "Emergency" on Netflix includes a disclaimer that it is "inspired by the book 'The Emergency' by Coomi Kapoor and 'Priyadarshani' by Jaiyanth Vasant Shinde." However, Kapoor claims that this disclaimer has not prevented the misuse of her work or reputation.
The court’s referral to mediation indicates a chance for all parties to resolve their differences without prolonged litigation. The mediation is scheduled to begin on May 09, with a further hearing set for May 20.
Title: Coomi Kapoor v. Netflix Entertainment Services India LLP & Anr.
