CINEMA AND CENSORSHIP IN INDIA

WHAT IS CENSORSHIP Censorship is the suppression of speech, public

communication or other information which may be considered objectionable, harmful, sensitive and politically incorrect or inconvenient as determined by the Government, media outlets, authorities or other groups or institutions.

Film Censorship is the process of previewing a film and it includes a decision either not to allow it for public viewing or to allow it for public viewing with certain modification.

The Supreme Court has held that film censorship becomes necessary because it motivates thought and action and assures a high degree of attention or retention as compared to the printed words

FILM CENSORSHIP IN INDIA The present censorship of films is governed

by the Cinematograph Act 1952, the Cinematograph (Certification) Rules promulgated in 1983 and the guidelines issued from time to time, the latest having been issued on December 1991.

The guidelines are issued under Section 5B of the Act which says that a film shall not be certified for public exhibition, if the film or any part of it is against the interests of integrity and sovereignty of India, friendly relations with foreign States, public order, decency or morality or involves defamation or contempt of Court or is likely to incite the commission of any offence.

WHO DOES FILM CENSORSHIP The Central Board of film certification was set up in

Mumbai, intially with three regional offices at Mumbai, Chennai and Calcutta. At present it has nine regional offices in India.

The Board consist of a Chairperson and not less than twelve and not more than twenty five other members appointed by the Central Government.

Then there is a Film Certification Appellate Tribunal (FCAT) which has been constituted under Section 5D of the Act.

The Certification rules also apply to foreign films imported in India or dubbed films.

GUIDELINES ISSUED BY THE CENTRAL GOVERNMENTThe objective of film certification will be to that: The medium of the film remains responsible.

Artistic expressions and creative freedom should be respected.

Human sensibilities are not offended by vulgarity or obscenity.

Scenes degrading women in any manner are not presented.

Visuals or words disrespectful of social, religious or other institutions are not presented.

• Visuals or words of defamation of any individual or group of individual and contempt of court are not presented.

At the same time the Board of Film Certification shall also ensure that:• Is judged in the entirety from the point of view of its

over all impact.

• In the light of the period depicted in the film and the contemporary standards of the country.

CASES RELATING TO PRE CENSORSHIP

In K.A Abbas vs Union of India, the Court held that pre censorship is valid in the context and an exception to the right to freedom of speech and expression has been provided under Article 19(2).

In S. Rangarajan vs P. Jagjivan Ram, the Court held that “Movie motivates thought and action and assures a higher degree of attention and retention. It makes it impact simultaneously arousing visual and aural senses.

FILM POSTERS The 1952 Act does not cover posters

or film advertisements and these comes under common law of the land relating to obscenity, particularly section 292 of the Indian Penal Code.

The Indecent Representation of Women (Prohibition) Act, 1986.

The West Bengal Government have enacted the “ West Bengal (Compulsory Censorship of Film Publicity Materials) Act 1974 to deal with obscene and indecent posters.

PROBLEM FOR CERTIFICATION OF CERTAIN MOVIES Final Solution: the Central Board of film

Certification said the documentary was “highly proactive and may trigger off unrest and communal violence”.

In 2002 the film War and Peace focusing on the dangers of the nuclear war on the Indian Sub continent, was asked to make 21 cuts before it was allowed to be certified for release.

Water: A film about Hindu’s treatment of widows was under attack by Hindu nationalist in the Indian Holy city of Varanasi. Water shows abandoned widows living in extreme poverty, some of whom are forced into prostitution by Powerful Hindu Priest who run homes for widows at holy Hindu sites.

Madras Cafe: This movie depicts the events leading up to the assassination in 1991 of former Prime Minister Rajiv Gandhi. In the southern state of Tamil Nadu, protests were made from several Tamil groups. The protests virtually ensured that the film was not released in the state.

Chand Bhuj Gaya: The Censor Board refused to certify this movie because it is full of brutal visuals of violence and that certain characters have definite resemblance to real life personalities and it was still alive issue by then, thus inciting communal violence. The Bombay High Court reversed the decision of the CBFC in the case of F A International vs CBFC and held that films which deals with controversial issues have to portray what is controversial.

CENSORSHIP OF FILMS IN FOREIGN COUNTRIES In USA cinema enjoys first amendment

protection. The only form of control in the United States is a voluntary classification system operated by the film industry itself.

In UK, there is a system of censorship under which legal decisions are taken under the statute namely the Cinema’s Act by the local authority but in practice by the informally constituted BBFC.

CONCLUSION There is lack of transparency under the Act itself.

The total discretion is in the hands of the Central Government.

Most of the time movies are not judged on the matter of contents but on the political influences or the factors which would be affecting the ruling party at the Centre.

There is Cinematograph (Amendment) Bill, 2010 which still needs approval.

Now a days censorship has been used to prohibit those films which really holds the real picture of the society.