PROCEDURE TO APPLY FOR FILM CERTIFICATION WITH CBFC

“If freedom of speech is taken away, then dumb and silent may be led, like sheep to the slaughter”.

–          George Washington

INTRODUCTION

Cinema has always grabbed the attention of millions of masses across the world. Cinema is a creative expression of ideas, stories and sometimes opinions. Apart from cinema, there does not seem to be any other medium of expression which influence lives to this extent and is a part of daily lives. It has been one of the most potent tools of expression from many decades. Cinema is not only one of the most pivotal sources of entertainment and information but also plays a role in the daily lives of people and impacts mind and hearts of many people to a very great extent. Cinema not restricts itself to only people of a certain age group but caters to people of all the age groups, be it children, teenagers, adults, or old people and is cherished by everyone.

Cinema plays an important role in the social perspective as it very significantly portrays beliefs, ideas, cultures, perceptions, ideologies etc. therefore proper supervision is very important for cinema. India is the largest film industry in the world producing more than 900 movies every year.

CINEMA AND LEGAL FRAMEWORK

FREEDOM OF SPEECH AND EXPRESSION

Freedom of speech and expression is a fundamental right guaranteed to all the citizens residing within the territory of India under Article 19(1) (a) of the constitution. It gives the ability to take a step forward and voice their opinion to the citizens from every corner of the country. This right gives the power of thinking to the citizens and also the privilege of putting forth their ideas and their views and also encouraged by others for them.

Article 19(2) of the constitution imposes reasonable restrictions on this right. These restrictions are within the ambit of this article in the interests of the sovereignty and integrity of India, the security of the state, friendly relations with the foreign states, morality, defamation or incitement to an offence.

SIGNIFICANCE OF FILM CENSORSHIP

When the media uses the rights allotted to them under Article 19(1) (a) of the Indian Constitution, it becomes very important to scrutinize and review the product before it reaches to the public. The combination of audio and visuals influence a great number of mass of people and they get carried away, therefore proper checking is important.

The process of film censorship or certification basically means the last stage examining of a film as it is decided whether a particular movies is fit to release for the spectators or not or what sort of elimination and moderation should be done in the movie before releasing it for the audience. It is very important to confirm that there shouldn’t be any part in movie which by any means can harm the mental state and stability of the audience and traumatize them or provoke them to do something disturbing.

FILM CENSORSHIP IN INDIA

The Central Board of Film Certification (CBFC) is a legal censorship body formed established under the Ministry of Information and Broadcasting, Government of India. The board has the authority of controlling the public presentation of movies as per the provisions of Cinematography Act, 1952.

The Cinematograph Act 1952 includes various provisions regarding the process of functioning and framework of the CBFC and also deals with various directions to be followed to certify films. The CBFC has divided itself into the Examining and Revising Committees to grant a better jury for the certification of the films.

The CBFC has to ensure that a film complies to the following requisites before it is screened:-

1.      The medium of the movie is answerable and sensitive to the societal morals and standards.

2.      Artistic expression and the liberty of creativity are not excessively restrained.

3.      Certification is responsive to social changes.

4.      The movie provides clean and healthy environment.

5.      The film is of aesthetic value and of good standards.

When all the above mentioned conditions are complied with  as per the Cinematograph Act 1952, then only a film gets certificate and grades as per given by the board.

According to Supreme Court of India, Film censorship is necessary because a film gets higher amount of attraction as compared to the printed media therefore influences to a much greater extent. Cinema has potential for both evil as well as good and can cultivate both good and violent behavior among the viewers and affect their emotions to a very large extent.

SOME JUDICIAL PRONOUNCEMENTS

1.      In KA Abbas vs. Union of India the Supreme Court held the constitutionality within the ambit of Article 19(2) of the Constitution and said that films are very much different from the other forms of art and creativity and therefore should be treated the same. The film should be in the interest of the society.

2.      In S. Rangarajan vs. P. Jagjivan Ram In this case, the Madras HC revoked the “U” certificate of a Tamil film as the film was challenged on the grounds that it was based on reservation policy and caste which was unfair to Brahmins. However, the Supreme Court overruled the HC decision and upheld the freedom of speech and expression.

3.      In Odyssey Communications Pvt. Ltd. vs. Lokvidayan Sangathana and others, a TV serial had been prohibited from being telecasted by the High Court on the grounds that it had the ability to spread blind beliefs among large number of people and make them superstitious. However, at the apex court it was held that imposition of ban has violated the freedom of expression guaranteed under Article 19(1) (a) of the Constitution, and it was also held that there was no sufficient evidence to prove that the show is by any means infringing community rights.

CONCLUSION

It can be derived that cinema is a very powerful medium and it has the power of influencing the mind of people at large along with being a means of entertainment for them. The impact of cinema is so huge that it can trigger the viewers to some extent to behave in accordance to what is being shown on the screen. As it is very well known that visions create a very powerful influence over an individual, therefore it is very important to keep a check on the visual before releasing it for the public at large so that any film does not create any sort of instigation among the viewers. In some cases, censorship becomes very crucial if the film is about rape, violence, war or when there is involvement of obscenity, or offensive language to deter people from doing any sort of immoral activities after watching he film. Proper decisions must be taken by the board after weighing the pros and cons so that there aren’t any controversies or disapproval regarding any decision of the board. The power of censorship is must for the board but it should be kept in mind that infringement of any right should not take place by the board and proper justifications should also be done by the board to avoid chaos and confusion regarding a decision.