Introduction

The literal meaning of the word censorship is ‘the suppression or elimination of any parts of books, movies or news that are considered indecent, politically objectionable, or a danger to security’. The Central Board of Film Certification (CBFC) is a statutory body that is primarily responsible for evaluation and certification of films in India. It is popularly known as the censor board. Censorship is a mechanism of restricting public expression of ideas, views and opinions that are against morality or social order.

Central Board of Film Certification

The Board comprises of Chairman and non-official members appointed by the central government. The board carries out the process of certification in consonance with The Cinematograph Act, 1952, The Cinematograph (certification) Rules, 1983, and the guidelines issued by the Central government[1]. The supposed purpose of The Cinematograph Act 1952 was the division of provisions with regard to sanctioning of films for exhibition from the provisions related to licensing and control of cinemas in order to reformulate the whole mechanism for content regulation in Indian cinema.

The four broad categories in which films are certified are:

·         Films unrestricted for public exhibition.

·         Unrestricted public exhibition – however, with a piece of caution that discretion necessary for children below the age of 12 years.

·          Restricted to adults.

·         Restricted to any distinct class of individuals.

Films cannot be exhibited in India without the certification from the board. Section 5B(1) of the Cinematograph Act, 1952[2] states that the Central Board of Film Certification has to examine the works against the principles of sovereignty and integrity, security of  states, friendly relations with foreign State, public order, decency, morality, defamation, contempt of court or likeliness to incite the commission of an offence.

Judicial Interpretation of Censorship

The right to freedom of speech and expression enshrined under Article 19(1) (a) of the Indian Constitution is not an absolute right. It is subject to reasonable restrictions under Article 19(2), provided the restriction is imposed following the due process of law and not arbitrarily.  It was held in A.K.Gopalan v. The State of Madras[3]  that, “man as a rational being, desires to do many things, but in a civil society his desires have to be controlled, regulated and reconciled with the exercise of similar desires”. Henceforth, imposing reasonable restrictions cannot violate the fundamental right to speech and expression.

In K.A. Abbas v. Union of India[4], the petition challenged the constitutionality of part 11 of the Cinematograph Act 1952. The argument was such that the freedom is absolute and censorship is derogatory. The Supreme Court upheld the constitutionality of the said part within the sphere of Article 19(2) of the Indian Constitution. 

Bobby Art International v. Om Pal Singh Hoon[5] designed a new perspective to the censoring process. Here, due respect was given to the idea behind the film. The case was related to the exhibition of a film that dealt with the life of Phoolan Devi. The appeal was allowed and the court was of the opinion that “scenes of nudity and rape and the use of expletives, so far as the tribunal had permitted them, were in aid of the theme and intended not to arouse prurient or lascivious thoughts but revulsion against the perpetrators and pity for the victim”. Similarly, in S. Rangarajan v. P. Jagjivan Ram[6] the Supreme Court upheld   the   freedom   of speech and expression.

Courts time and again highlighted the importance of conformity of films to the statutory scheme. In Amitabh Bachhan Corporation Ltd. v. Om Pal Singh Hoon[7] , it was held that “as long as Section 5-B contains the words ‘decency and morality’ drafted from Article 19(2) of the Constitution, Censor Boards must see that films conform to constitutional and statutory provisions and guidelines issued by the Central Government”.

In Sree Raghavendra Films v. Government of Andhra Pradesh[8], the   exhibition   of a film   named ‘Bombay’   was suspended   in   Andhra   Pradesh   under   Section   8(1)   of   the   A.P. Cinemas   Regulation   Act,   1955. The court highlighted the significance of watching the film by the competent authorities before taking any decision. “The authority may have any number of reports or representations before it, but no opinion of his own can be formed without seeing the picture”.

What are the objectives of Censor Board?

a) To ensure healthy entertainment, amusement and education to the public as a whole.

b) To make the certification process transparent and accountable.

c) To build awareness among advisory panel members, film makers and also media members about the guidelines for certification.

d) To utilize modern technology for certification process through computerization of certification process and upgrades of infrastructure.

e) To maintain transparency and accountability about the board’s activities through voluntary disclosures, implementation of e-governance, timely replies to RTI queries and publication of annual report.

6. To promote CBFC as a centre of excellence[9].

Recent Controversies Associated with Censorship

·         PK Movie

The major controversy related to this film was the alleged violation of religious sentiments of a certain groups of people. The film was quite popular and got huge recognition world-wide.

·         Messenger of God

The   film faced issues associated with its clearance from the certification board. The film was alleged to be objectionable as far as public exhibition was concerned. Producer of the film filed an appeal before the Film Certification Appellate Tribunal (FCAT). The FCAT directed the Central Board of Film Certification to issue the clearance. The controversy resulted in the resignation by the CBFC chief and many other board members.

Grounds for Refusal of Certification

A film can be refused certification by the authorities if it falls within the ambit of the restrictions enshrined under Article 19 of the Indian Constitution. Apart from this, the CBFC has to ensure that the film does not justify- anti-social acts, words or visuals that can trigger the commission of an offence. Absence of scenes such as: involvement of children in crime, abuse of handicapped individuals, cruelty to animals or other violent acts is mandated[10].

Other vital elements to be scrutinized by CBFC include:

·         Glorification of drinking, smoking or drug activities

·         Obscene contents

·         Content that may degrade women in any manner

·         Scenes of rape, subject to it being germane to the theme

·         Religious sentiments

·         Non-scientific and anti-national attitude

·         Security, sovereignty, integrity, public order and friendly relations with foreign states

·         Defamation or contempt of court[11].

The board takes into consideration many inherent aspects like the theme of the movie, the era or time period depicted in the film. In other words the film is judged based on its overall impact on the society.

Conclusion

Films have a great impact on the society. It has the potential to shape public opinions. If used in the right manner, it has the power to throw light on various social issues and can even help in curbing the same. Although a wide freedom of speech is available to the citizens of India, there are certain necessary restrictions imposed on it. Maintaining peace in the society is also equally important. Henceforth, the entire review process must be in such a way that the artistic talent and beauty of Indian Film industry is not lost in the process of certification.