The tussle between the right to creative freedom and health rights - sparked by the health ministry's notification prohibiting smoking scenes or any form of tobacco use - is now in the law ministry's court which is expected to give its view on the matter this week.
"We had sent a reference to the law ministry two weeks ago. We expect the reply this week," said a senior I&B ministry official.
The I&B ministry had objected to the health ministry's October 27 notification after many leading filmmakers complained to the ministry on the ground that many difficulties were being faced by the film industry besides saying it amounted to curbing of creative freedom.
The ministry had also advised the Central Board of Film Certification (CBFC) to stick to the earlier process of certification before the October 27 notification virtually overriding the health ministry's directive.
The rules came into force from November 14 and already TV programmes and movies run scrolls showing anti-smoking warnings besides blurring smoking scenes.
Many leading actors have also vehemently protested the health ministry's directive.
While disagreements between ministers are resolved at the Union cabinet level, disputes between ministries are usually referred to the law ministry which gives advice to ministries on legal matters including interpretation of the Indian Constitution and the laws.