Central Board of Film Certification: India
This is a collection of articles archived for the excellence of their content. |
Appeal tribunal
Abolished in 2021
Swati Mathur, April 8, 2021: The Times of India
The film fraternity has expressed disappointment over the government’s decision to disband the Film Certification Appellate Tribunal (FCAT), an appellate authority that filmmakers approached to challenge decisions taken by the Central Board of Film Certification, more popularly known as the censor board.
In an ordinance notified on April 4, the government amended the Cinematograph Act, 1952, to say that filmmakers aggrieved by the decision of the Central Board of Film Certification will now have to approach high courts instead of the FCAT for redressal of their grievances. The FCAT is one of the tribunals abolished by the government through the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021.
A bill to abolish tribunals in which the public was not a litigant was moved by MoS finance Anurag Thakur during the Budget session this year. Since the bill could not be passed during the session, the government issued an ordinance to bring about the changes proposed in the bill. Among those who expressed concern over the abolition of the FCAT were filmmakers Hansal Mehta, Vishal Bhardwaj and Anurag Kashyap. Mehta, who has made films like ‘Aligarh’ and ‘Shahid’ said abolishing the tribunal and asking filmmakers to take their complaints to the HC would only delay the process of settling disputes. “Do the high courts have a lot of time to address film certification grievances? How many film producers will have the means to approach the courts?” he said on Twitter.
Bhardwaj also tweeted. “Such a sad day for cinema. Film Certification Appellate Tribunal Abolished | 6 April, 2021,” he said.
The legal fraternity argued that the shift would add to the courts’ already heavy burden. Advocate Apar Gupta of the Internet Freedom foundation, said, “The abolition of FCAT is likely to increase further delay, costs and indeterminacy for filmmakers. ...While there are strong arguments for the abolition of tribunals, but — till film certification is mandatory — the FCAT was largely an imperfect but a functional body...”
Central Board of Film Certification
An introduction
The Times of India Jan 19 2015
CBFC bans screening if film corrupts viewers' morality
How is public exhibition of films regulated in India?
The Cinematograph Act, 1952 makes provisions for film certification and regulates public exhibitions of movies in India. Under this Act, if a film or any part of it is against the interest of the sovereignty , integrity and security of India or can affect the country's friendly relations with foreign states, it cannot be exhibited in India. Similarly , a films that corrupts morality of the audience, can have an adverse impact on public order, or is intended to cause defamation or contempt of court or is likely to incite commission of any offence, cannot be screened. All this is judged by examining a film's overall impact and the contemporary standards of the country and the people to whom it relates.
The Central Board of Film Certification (CBFC), which was earlier known as the Central Board of Film Censors, was established in 1951 and had regional offices in Mumbai, Chennai and Calcutta. At present, there are nine such offices located at various film making cities -Mumbai, Chennai, Kolkata, Bangalore, Hyderabad, Thiruvananthapuram, Delhi, Cut tack and Guwahati. Film certification is a Central sub ject, but the states are responsible for enforcement and bringing offenders to book. The Board consists of a Chairperson and not less than 12 and not more than 25 other members ap pointed by the Centre.
What are the various kinds of film certification?
Initially, the Cinematograph Act had only two categories of certificates.
A film would be certified `U' unrestricted public exhibition -if the board thought it was suitable for family viewing, meaning all members of a family including children could watch it. The other category was ` A', which was given to films that the board consid ered ought to be restricted to an adult audience. In June 1983, two other categories were added. These were UA and S. The former means unre stricted public exhibition, but parents of children below the age of 12 are cautioned and it is up to them whether to allow their child to watch the film. The `S' category restricts the viewership to specialized audiences like doctors or scientists.What is the process of certification?
The Cinematograph (Certification) Rules, 1983 have laid down the procedure that a producer must go through before the screening of a movie. The film or video material is to be submitted to the regional office, which forms an examining committee to watch the film. For short films, a twomember examining committee is formed, of which one has to be a woman. For feature length films, a four-member examining committee is formed, of which two must be women. All members of the committee submit their reports, which may have recommendations about deletions, modifications and so on. The chairperson can either approve the recommendations or refer them to a revising committee. According to the recommendation of the board, the applicant deletes portions and submits them to the regional officer along with a copy of the film as certified. If the producer is unsatisfied with the decision of the board, then he or she can take the matter to the Film Certification Appellate Tribunal.
An overview
How dreadful, or benign, is film certification in India, November 27, 2017: The Times of India
The Cinematograph Act,1952, lays down provisions for film certification and regulates the public exhibition of movies in India. A film must be judged on its overall impact, measured against contemporary standards of society. Artistic expression and creative freedom should not be unduly curbed, says the Act. Films that glorify violence, incite criminal activity by describing a crime’s modus operandi, encourage use of drugs, alcohol, show sexual violence or dehumanise women, and are vulgar enough to disturb a society’s sensibility are not passed by the board. A film, or any part in it, that is against the interest of the “sovereignty, integrity and security of India”, or if it can affect India’s relations with foreign states, or adversely impact public order or intends to defame the court, cannot be exhibited in India.
How many films are certified every year in India?
The Indian film industry produces the world’s highest number of films — more than double the number of films produced in the US, the world’s largest cinema market.
What is the process of film certification?
First, the film and video material is to be submitted to the regional officer that forms an examining committee to watch the film. All committee members submit their report that may recommend deletions, modifications and so on. The chairperson may approve the recommendations or refer it to a revising committee. Based on the board’s recommendation, the applicant would have to delete por- % tions and submit them to the regional officer along with a copy of the film as certified. If the producer is unsatisfied with the de- 845 cision of the board then he/ she can take the matter to Film Certification Appellate Tribunal.
What are the various types of film certification?
U For unrestricted public exhibition, if the board finds the film suitable for family viewing.
A Restricted to adult audiences. In 1983, two categories were added.
UA Unrestricted public exhibition but under adult supervision. That is, parents of children below age of 12 are cautioned; children can watch at parental discretion.
S Restricts the film’s viewership to specialised audiences like doctors or scientists.
If the board assesses that a film is unsuitable for unrestricted or even restricted public exhibition, it can refuse certification of the film. It also can specify the certificate, provided an identified specific portion is excised or modified.
Every category faces cuts
How is CBFC structured?
The Central Board of Film Certification (CBFC), earlier known as Central Board of Film Censors, was established in 1951 and had regional offices in Mumbai, Chennai and Kolkata. Currently, there are 9 such offices in various film-making cities. Film certification is a central subject; the states however are responsible for enforcement and bring offenders to book. The Board comprises a chairperson and not fewer than 12, and no more than 25, members, all appointed by the Centre. The latest available data shows that over half the films certified were passed with cuts.
Functioning, in brief
From: Narinder Saini, Suhani Singh, December 14, 2015: India Today
From: Narinder Saini, Suhani Singh, December 14, 2015: India Today
See graphic:
How the Central Board of Film Certification works?
How a film is certified?
Guidelines for examining a film
From: Narinder Saini, Suhani Singh, December 14, 2015: India Today
See graphic:
Censor Board guidelines for examining a film
Chiefs, Central Board for Film Certification
2014-17: the Pahlaj Nihalani era
Controversies
Banned the release of 'Un-Freedom'
Pahlaj Nihalani banned 'Un-Freedom', a film by Raj Kumar Amit which tells a story of a liberal Muslim girl who gets kidnapped by terrorists and which simultaneously follows a parallel story of a lesbian relationship. Filmmakers like Vikram Bhatt, Sanjay Gupta and Hansal Mehta spoke out against this and condemned such actions.
Fellow CBFC member Ashoke Pandit called it a "sad event" as this decision was taken without the board's consent.
Chopped the kissing from 'Bond franchise’
Pahlaj Nihalani stirred up a storm when he trimmed a kissing scene from the 'James Bond' film 'Spectre'. The CBFC and its chief had to brave a wave of criticism from fans of the franchise, the movie going audience, members of the film industry and also the media. Nihalani raised many eyebrows when he confessed in an interview that he had not watched the film (or the Bond franchise), but insisted that the cuts were made according to the “rules".
Passes sex comedies like 'Mastizaade' and 'Kya Kool Hai Hum 3' to shed 'sanskari' image
Pahlaj Nihalani, who earned the tag - 'sanskari' - for trimming kissing scenes and demanding verbal cuts in films, got into trouble for passing the trailers and adult-comedy movies like 'Mastizaade' and 'Kya Kool Hai Hum 3'. According to reports, these movies had a lot of vulgarity in their scenes and dialogues, but they were let off scot-free.
When quizzed about it, he reportedly said that the board did it to shed its 'sanskari' image. He even went on to say that the board faces backlashes whether or not they pass or cut down objectionable content.
Pahlaj Nihalani gets trapped in the eye of the 'Udta Punjab' storm
The Censor Board headed by Pahlaj Nihalani made headlines asked for demanding an estimated 94 cuts in the film 'Udta Punjab', starring Shahid Kapoor, Alia Bhatt, Kareena Kapoor and Diljit Dosanjh. The demand had the entire film industry and fans up in arms against the Chief. While fans and movie lovers demanded his replacement, filmmakers called this shocking move a curb on their 'freedom of expression'. The Bombay High Court had to step in and motion the CBFC to pass the film with just one cut and new certificates to be given in two days.
Pahlaj Nihalani refuses to certify 'Lipstick Under My Burkha’
The CBFC led by Pahlaj Nihalani refused to certify the internationally acclaimed film 'Lipstick Under My Burkha'.
According to reports, the board refused to pass the film as it was lady oriented, had a number of sexual scenes, audio pornography and spoke about a particular section of the society. However, the director Alankrita Shrivastava took this matter to Film Certification Appellate Tribunal (FCAT) which ordered the board to give the film an 'A' certificate and clear it for release. The film was released on 21 July 2017.
Pahlaj Nihalani raises objection against use of 'intercourse' in SRK's 'Jab Harry Met Sejal' trailer
Pahlaj Nihalani expressed his discontent over the use of word 'intercourse' in the second trailer of Shah Rukh Khan's film 'Jab Harry Met Sejal'. He said the trailer had not been censored and that it had been broadcasted on television channels.
However, after facing a backlash from all the quarters, he said in an interview, "I want 1 lakh votes and I want to see that India has changed and Indian families want their 12-year-old kids to understand the meaning of this word (intercourse)." Adding to this he said, "I'd accept votes only from people who are married and above the age of 36."
End of the era
Nihalani's tenure cut, Joshi new censor chief , Aug 12, 2017 : The Times of India
NEW DELHI: The Centre issued marching orders to controversy-prone Central Board of Film Certification chairman Pahlaj Nihalani and replaced him with lyricist and adman Prasoon Joshi for a three-year term.
CBFC member Ashoke Pandit, among the loudest critics of Nihalani, has also been dropped from the board with immediate effect.
The decision follows the assessment in the government that Nihalani was attracting unwarranted controversy over decisions relating to cuts in films and the board had become a source of harassment for filmmakers. The board was seen as obstructionist rather than a facilitator and its decisions were being seen as having the government's backing.
Nihalani is understood to have been sounded out about his replacement a few weeks back and did not take the news well. The government has been keen on ensuring a smooth transition and on Friday finally reconstituted the censor board. TOI had first reported the move to replace Nihalani on July 25.
The board now comprises Bollywood actor Vidya Balan, Tamil actors Gautami Tadimalla and Jeevitha Rajashekhar, author Narendra Kohli, director-producer Naresh Chandra Lal and Vivek Agnihotri, award-winning concert pianist and Hindi music director Neil Herbert Nongkynrih, National School of Drama director Waman Kendre, Kannada film director T S Nagabharana, and dialogue-writer Mihir Bhuta as members. The ministry also appointed Ramesh Patange and former BJP secretary and theatre artist Vani Tripathi Tikoo as CBFC members of three-year tenures.
Nihalani was seen on his way out following a meeting of Board members in Thiruvananthpuram in July. Sources in the ministry said Nihalani's removal follows several months of feedback received by the information and broadcasting ministry from the film industry, which cited sustained harassment at the hands of the CBFC chief. The industry also suggested that Nihalani, as chief of the film certification board, had showed a propensity to be censor with a heavy hand.
The ministry was "very uncomfortable" with Nihalani's recent attempts to monopolise the Board's activities when faced by opposition from within. This, along with the embarrassment he caused to the government resulted in the ministry seeking the PMO's sanction to send Nihalani packing, and bring in Prasoon Joshi, who enjoys considerable credibility within the industry, as a replacement.
Seen as capable of protecting the ethos of Indian cinema, Joshi also enjoys the image of being a government sympathiser. The lyricist and advertising specialist had worked on BJP's election campaign during the 2014 Lok Sabha polls. He had also kept clear of the film industry's 'intolerance brigade' which attacked the NDA government on issues like FTII, and for a ban on AIB, among other things.
Director Kushan Nandy, whose film 'Babumoshai Bandookbaaz' was recently awarded 48 cuts by the Censor Board, spoke to TOI about Nihalani's dismissal. Nandy had written to I&B minister Smriti Irani to air his grievance, especially after board members made offensive personal remarks to producer Kiran Shyam Shroff's face during a meeting on June 28.
Nandy said, "This (the dismissal) is a positive step. It makes me feel that the government, the people who are authorised to take action, have finally done so. But this is not the final solution. It does not mean happy days are here again. The fact remains that the (Cinematograph) Act that is being read dates back to 1952. It is a 65-year-old Act that is ambiguous and leaves room for interpretation. So somebody who is arrogant, like Nihalani, can sit in the Censor chief's chair and play God and interpret the Act in his own way."
Nandy also said CBFC is a certifying body, not one that can instruct people what to watch what not to watch.
2018: preferential treatment to big filmmakers
Swati Mathur, December 19, 2018: The Times of India
The Public Accounts Committee of Parliament has censured the Central Board of Film Certification for “preferential” treatment to big film makers and inordinately delaying certification of films even after they were cleared by the Board’s examining committee.
Even as allegations of favouritism have piled up against the Censor Board, the PAC report, based on its examination of the working of CBFC, has admonished it for playing ‘partisan’ and the ministry of information and broadcasting for its failure to rein in the Board.
In recent months, the sharpest take-down of the CBFC was by its former chief Pahlaj Nihlani who alleged even though he applied for a certificate for his film ‘Rangeela Raja’ first, CBFC allowed Amir Khan starrer ‘Thugs of Hindostan’ to jump the queue for certification.
PAC, in its report, said, “The committee was dismayed to note CBFC granted certificates to their films ahead of other applicants even then there was no such urgency expressed.”
Functions/ mandate
A certification board, not a censor board/ SC, 2019
Rosy Sequeira,July 6, 2019: The Times of India
Bombay high court chastised Central Board of Film Certification (CBFC) for refusing to issue a U certificate to a children’s film, saying it had no intellectual or moral authority to decide what people can see and listen. “It is like saying, ‘You are all of sub par intelligence, and only we in this world know what’s good for you’. That takes us through to an authoritarian stage,’’ said a bench of Justices Satyaranjan Dharmadhikari and Gautam Patel. It heard a petition by Children’s Film Society, a nodal agency under ministry of information & broadcasting, to direct the CBFC tribunal to hear its appeal.
In January, CBFC directed the society to mute a word and delete a scene from Chidiakhana, or it will get a U/A certificate that required children below 12 to see it under parental guidance. On June 24, after the society agreed to make the modification/deletion, HC sought CBFC’s response on whether it will issue a U certificate.
CBFC’s advocate said now the board felt that the film’s theme, presentation and narrative mandated a U/A certificate. He produced the regional officer’s email, which said the film’s subject was based on violence, included scenes of murder, attempt to murder/suicide, bullying of a school kid, mother slapping a child, and a community facing discrimination.
Observing that CBFC was now after children’s films, the judges said freedom of speech and expression was not something it could suppress. “You are not a censor board. You are a certification board. You can’t decide what I can or cannot see or listen. Nobody has given you intellectual and moral authority to decide that,’’ said Justice Patel. The bench took note that offence was taken to a child slapped by the mother. “What escapes your attention is most surprising, what catches it, we are now shocked. You want to control everybody,’’ said Justice Dharmadhikari. Justice Patel added, “Reality of the street is that the word (objected to) is used.’’ The bench asked if someone wanted to show a film on abuse or ragging, if CBFC can pretend it did not exist. “What are you? Ostriches? Putting your head in the sand,’’ said Justice Patel. The judges said it was better to use films to explain to children issues like racism, discrimination and drug addiction. Referring to the 2016 censorship row over Udta Punjab, based on drug addition, the judges said CBFC had not learn a lesson. “You are forming an opinion that the entire population is infantile and imbecile, and you are the only one with an iota of intelligence,’’ said Justice Patel.
The judges said CBFC must take back its communication “or we’ll redefine your role”. Its regional officer was directed to file an affidavit elaborating “the cause for his communication and outlining policies of respondents in relation to children’s films”.
Cinematograph Act and Rules: 1952, 1983
Process, kinds of certificates
The Times of India, Sep 21 2015
Film certified `S' restricted to doctors and scientists
How is the public exhibition of films regulated in India?
The Cinematograph Act, 1952 makes provisions for film certification and regulates public exhibitions of movies in India. If a film or any part of it is deemed to be against the interest of the sovereignty , integrity and security of India or has the possibility of affecting friendly relations with foreign states, its exhibition can be barred. Films found to corrupt morality, have an adverse impact on public order, those intended to cause defamation or contempt of court or are likely to incite offence cannot be screened.
How are the provisions of the Act enforced?
The Central Board of Film Certification (CBFC), earlier known as the Central Board of Film Censors, was established in 1951 with regional offices in Mumbai, Chennai and Calcutta. At present, there are nine such offices located in Mumbai, Chennai, Kolkata, Bangalore, Hydera bad, Thiruvananthapuram, Delhi, Cuttack and Guwahati. The process of film certifi cation is a Central subject. The states, however, are responsible for enforcement and bringing offenders to book.The Board consists of a chairperson and not less than 12 and not more than 25 other members appointed by Centre.
What are the various levels of film certification?
Initially, the Cinematograph Act had only two categories of certificates. A film would be certified `U'--unrestricted public exhibition-if the board thought it was suitable for family viewing, including children. The other category was ` A' certificates-given to films the board felt should be restricted for adults. In June 1983, two other categories were added. These were UA and S. The former means unrestricted public exhibition but parents of children below the age of 12 are cautioned and it is their discretion to allow the child to watch the film. The `S' category restricts viewership to specialized audiences like doctors or scientists.
What is the process of film certification?
The Cinematograph (Certification) Rules, 1983 lays down the procedure that a producer must go through before screening of a movie. The film and video material is to be submitted to the regional office, which forms an examining committee to watch the film. For short films a twomember panel is formed, of which one has to be a woman.For feature length films, a four-member panel is formed, of which two must be women.All members of the panel submit their report, which may have recommendations about deletions, modifications and so on. The chairperson may approve the recommendations or refer it to a revising committee. According to recommendations of the board, the applicant will delete portions and submit them to the regional officer along with a copy of the film as certified. If the producer is unsatisfied , he or she can go to Film Certification Appellate Tribunal.
Significant events, year-wise
2012-15
The Times of India, Jul 08 2015
CAG slams Censor Board functioning
The CAG pulled up the Censor Board for flouting several norms that led to irregular conversion of `A' category films into `UA' and `U', besides alleged fabrication of documents and favouritism while issuing certificates. The report mentions that the Censor Board of Film Certification converted 172 A-category certified films into UA and 166 films of UAcategory into U during 2012-15 without taking any law or provision into account. This data was provided by the CAG in its 70-page reply in response to an RTI query by activist Vihar Durve.
2016
This screenshot from the print leaked on a torrent site before the film’s release has the imprint ‘For censor’ in the top left corner.
This screenshot from the print leaked on a torrent site before the film’s release has the imprint ‘For censor’ in the top left corner.
Udta Punjab: 'For censor' copy leaked online before release, after bitter fight with CBFC
Himanshi Dhawan, The Times of India, Jun 18 2016
Hasten probe into leak, police told
New Delhi
Concerned over allegations of leak of `Udta Punjab' from the censor board office, the information and broadcasting (I&B) ministry has asked the Mumbai police to hasten its probe in the matter even as it dispatched a senior ministry official to Mumbai. Allegations were rife that `Udta Punjab' had been leaked online two days before its theatrical release by the Central Board of Film Certification (CBFC). The producers have filed a complaint with the Mumbai police cyber cell.
A preliminary inquiry conducted by the ministry and reports from the CBFC indicated that the board was unlikely to be the source of the leak. Incidentally , the “leaked“ copy had “for censor“ watermark that led to outrage on social media with many pointing fingers at the CBFC chief Pahlaj Nihalani. Nihalani has denied the allegations.
Sources pointed out that the film was never in the board's possession till the evening of June 15 whereas the leak took place that morning.The report submitted to the ministry points out that the film was screened on May 18 for CBFC's examining committee after which the producers took it back with them.“No copy was left for the CBFC. It remained in the film maker's possession throughout,“ the source said. A similar protocol was followed when the film was screened for the board's revising committee members. The film was screened a third time on June 14 on the directions of the Punjab & Haryana HC but CBFC had no role to play in it, sources claimed. Finally , a 25-minute screening of the film took place on June 15 evening only for purposes of the disclaimer as instructed by the Bombay HC.
Puducherry: Pirated Udta print on cable watermarked `For censor.'
This screenshot from the print leaked on Puducherry’s Shakthi cable TV channel before the film’s release has the imprint ‘For censor’ in the top left corner.
Does this happen often?
Jun 19 2016 : The Times of India (Delhi)
Pondy cable TV airs Udta before release
Puducherry: TNN A day before the rest of India thronged cinema halls to catch `Udta Punjab', residents of the Union territory of Puducherry watched the controversial hit from the comforts of their drawing rooms.
A private cable television operator, Shakthi Cable TV , is now facing charges of piracy and unauthorised public screening after airing the movie on Thursday . The print reportedly had the water mark `censor's copy .' This is not new to Puducherry where film piracy seldom gets the stick.
The Central Board of Film Certification’s worldview
FILM CENSORSHIP: WHAT EVERYONE SHOULD KNOW
By CBFC India
Introduction
India has more than 13,000 cinema houses Every two months, an audience as large as India’s entire population floc ks to its cinema houses. •
Freedom of Speech and Expression
India has a free press and the same freedom appl ies to cinema, which is free enterprise and outside the control of Government ex cept the Films Division and the Doordarshan which are aimed at educating and inform ing the public, while entertaining them.
However, neither cinema nor press is separately listed in the Constitution, although freedom is a constitutional right. This i s because press and cinema fall under the Fundamental Rights chapter of the Constitution, particularly Article 19(1)(a) which says that all persons shall have “freedom of speech and expression”. The freedom of expression means the right to express one’s opinion by word of mouth, writing, printing, picture or any other manner, including movies. 1 But this right is subject to “reasonable restric tion” on grounds set out under Article 19(2) of the Constitution. The reasonable limitations can be put in the interests of the sovereignty and integrity of India, the securit y of the State, friendly relations with foreign states, public order, decency or morality o r in relation to contempt of court, defamation or incitement to an offence.
Thus, the framers of the Indian Constitution fel t it essential to put certain reasonable restrictions in the larger interest of t he community and the country and strike a proper balance between the liberty guaranteed and he social interests specified in Article 19(2). Furthermore, it is the duty of the State to protect the freedom of expression since it is a liberty guaranteed by the Constitution.
The Supreme Court in a judgement said that film censorship becomes necessary because a film motivates though a nd action and assures a high degree of attention and retention as compared to th e printed word. The combination of act and speech, sight and sound in semi-darkness of the theatre with elimination of all distracting ideas will have a strong impact on the minds of the viewers and can affect emotions. Therefore, it has as much potential for evil as it has for good and has an equal potential to instill or cultivate violent or good behavior. It cannot be equated with other modes of communication. Censorship by prior restraint is, therefore, not only desirable but also necessary.
Film Censorship in India
The Cinematograph Act, 1952 (Act 37 of 1952), ap art from including provisions relating to Constitution and functioning of the CBFC or the Central Board of Film Certification (then called the Central Board o f Film Censors), also lays down the guidelines to be followed by certifying films. Ini tially, there were only two categories of certificate – “U” (unrestricted public exhibition) and “A” (restricted to adult audiences),
Two other categories were added in June, 1983 – “UA” (unrestricted public exhibition subject to parental guidance for children below the age of twelve) and “S” (restricted to specialized audiences such as doctors). The 1952 A ct has been amended to bring uptodate and the last amendments were in 1981 to 19 84.
The present censorship of films is governed by t he 1952 Act, the Cinematograph (Certification) Rules promulgated in 1983 and the Guidelines issued from time to time, the latest having been issued on December 6, 1991. The Guidelines are issued under section 5B of the Act, which says that “a film shall not be certified for public exhibition, if, in the opinion of the author ity competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of India, the security of the States, friendly relations with for eign State, public order, decency or morality or involves defamation or contempt of cour t or is likely to incite the commission of any offence”.
Who implements Film Censorship?
The CBFC or the Central Board of Film Certificat ion (known till June 1, 1983 as the Central Board of Film Censors) was set up in Mumbai, initially with regional offices at Mumbai, Chennai and Calcutta. At presen t there are nine such offices based at Mumbai, Chennai, Calcutta, Bangalore, Hyderabad, Thiruvananthapuram, Delhi, Cuttack and Guwahati.
Then there is a Film Certification Appellate Tri bunal (FCAT) which has been constituted under section 5D of the 1952 Act for he aring appeals against any order of the CBFC. This tribunal is based in New Delhi.
While the work of certification of films is a Ce ntral subject, the States have to enforce the penal provisions of the 1952 Act and br ing the offenders to book.
The organizational structure of the CBFC is base d on the provisions of the Cinematograph Act, 1952 and the Cinematograph (Cert ification) Rules, 1983. The Board consists of a Chairperson and not less than t welve and not more than twenty-five other members appointed by the Central Government. They are appointed for a period not exceeding three years. They are eminent person s from different walks of life such as social sciences, law, education, art, film and s o on, thus representing a cross-section of society.
The CBFC is assisted by advisory panels in the r egional offices each of which is headed by a regional officer and the members of these panels are also representative of a cross-section of society and interests. These members will hold office for a period not exceeding two years. However, members can be r e-appointed.
The CBFC has divided itself into Examining and R evising Committees to provide a two-tier jury system for certification of films. In the event of a difference of opinion in the Examining Committee or the applicant not being satisfied with the decision of the Examining Committee, the Chairperson can ref er the film to a Revising Committee.
The Certification rules also apply to foreign fi lms imported into India, dubbed films and video films. In the case of dubbed films , the CBFC does not have any fresh censorship for the visual in general cases. The ce rtification does not apply to films made specifically for Doorsdarshan, since Doordarsh an programmes have been exempted from the censorship provisions and Doordar shan has its own system of examining such films.
What Guides the CBFC in its Decisions?
6.1 Section 5B(2) of the 1952 Act lays down that, in addition to the general guideline laid down in Section 5B(1), the Governmen t may issue “such directions as it may think fit setting out the principles which shal l guide the authority competent to grant certificates under this Act in sanctioning films fo r public exhibition”.
These directions, commonly understood as a guide lines, have been issued by the Government and have also been amended from t ime to time, keeping in mind the changes in social outlook from time to time and als o the kind of films being made. The revised Guidelines issued on December 6, 1991 a nd updated till Sept., 15, 1997 state as under: • The objectives of film certification will be to ens ure that – • The medium of film remains responsible and sensitiv e to the values and standards of society; • Artistic expression and creative freedom are not un duly curbed; • Certification is responsive to social changes; • The medium of film provides clean and healthy enter tainment; and
• As far as possible, the film is of aesthetic value and cinematically of a good standard. • In pursuance of the above objectives, the Board of Film Certification shall ensure that – • Anti-social activities such as violence are not glo rified or justified; • The modus-operandi of criminals, other visuals or w ords likely to incite the commission of any offence are not depicted; • Scenes – • Showing involvement of children in violence as vict ims or perpetrators or as forced witnesses to violence, or showing children a s being subjected to any form of child abuse; • Showing abuse or ridicule or physically and mentall y handicapped persons; and • Showing cruelty to, or abuse of animals, are not pr esented needlessly; • Pointless or avoidable scenes of violence, cruelty and horror, scenes or violence primarily intended to provide entertainment and suc h scenes as may have the effect of desensitizing or dehumanizing people are not shown; • Scenes which have the effect of justifying or glori fying drinking are not shown; • Scenes tendering to encourage, justify or glamorize drug addiction are not shown; Scenes tendering to encourage, justify or glamorize consumption of tobacco or smoking are not shown • Human sensibilities are not offended by vulgarity, obscenity or depravity; • Such dual meaning words as obviously cater to baser instincts are not allowed; • Scenes degrading or denigrating women in any manner are not presented; • Scenes involving sexual violence against women like attempt to rape, rape or any form of molestation, or scenes of a similar nature are avoided, and if any, such incident is germane to the theme, they shall be red uced to the minimum and no details are shown; • Scenes showing sexual perversions shall be avoided and if such matters are germane to the theme, they shall be reduced to the minimum and no details are shown; • Visuals or words contemptuous of racial, religious or other groups are not presented; • Visuals or words which promote communal, obscuranti st, anti-scientific and anti- national attitudes are not presented; • The sovereignty and integrity of India is not calle d in question; • The security of the State is not jeopardized or end angered; • Friendly relations with foreign States are not stra ined; • Public order is not endangered; • Visuals or words involving defamation of an individ ual or a body of individuals, or contempt of court are not presented;
Explanation: Scenes that tend to create scorn, disgr ace or disregard of rules or undermine the dignity of court will come u nder the term “contempt of court”, and • National symbols and emblems are not shown except i n accordance with the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950). • The Board of Film Certification shall also ensure t hat the film • Is judged in its entirety from the point of view of its overall impact; and • Is examined in the light of the period depicted in the films and the contemporary standards of the country and the people to which th e film relates provided that the film does not deprave the morality of the audience. • Films that meet the above – mentioned criteria but are considered unsuitable for exhibition to non-adults shall be certified for exh ibition to adult audiences only. • (i) While certifying films for unrestricted public e xhibition, the Board shall ensure that the film is suitable for family viewing, that is to say, the film shall be such that all the members of the family including children can vi ew it together. (ii) If the Board, having regard to the nature, co ntent and theme of the film is of the opinion that it is necessary to caution the parents / guardian to consider as to whether any child below the age of twelve years maybe allowed t o see such a film, the film shall be certified for unrestricted public exhibition with a n endorsement to that effect. • If the Board having regard to the nature, content a nd theme of the film, is of the opinion that the exhibition of the film should be r estricted to members of any profession or any class of persons, the film shall be certified for public exhibition restricted to the specialized audiences to be specified by the Board in this behalf. • The Board shall scrutinize the titles of the films carefully and ensure that they are not provocative, vulgar, offensive or violative of any of the above-mentioned guidelines.
The process of certification
The Cinematograph (Certification) rules, 1983 ha ve laid down the procedure that a producer must go through to get his film or vide fi lm certified, explicity stating the steps he has to undergo and also the fees he has to pay and other materials he should submit.
The film or video film and other material specif ied in rule 2.1 have to be submitted to the regional officer of the concerned regional cent re. On receipt of all the film materials, requisite fees and written matter required under th e rules, the regional officer will form an Examining Committee to view the film. Under rule 2 2, this Examining Committee, in the case of a short film, will consist of an officer of the CBFC and one advisory panel member either of whom shall be a woman, and in the case of a long film / feature film, one of whom two persons hall be women. After the film has been previewed, the CBFC has to ensure that each member gives a report in writing about hi s recommendations about the deletions and / or modifications and the certificate the film should be given. The report is then given to the Chairman who will ask the regional officer t o initiate further procedures.
However, if the Chairman, on his own motion or o n the request of the applicant, so feels, he may refer the film to Revising Committee under Rule 24. The Revising Committee will consist of Chairman, in his absence, a board m ember and not more than nine members, drawn either from the CBFC or the advisory panel, p rovided none of them was on the Examining Committee. The Revising Committee will v iew the same film print shown to the Examining Committee without any changes, and each m ember will be required to record his verdict before leaving the theatre. If the Chairma n is no in agreement with the majority view, he may direct another Revising Committee to see the film. The quorum of the Revising Committee shall be five members of whom atleast two persons shall be women: Provided that the number of women members shall not be less than one-half of the total members of a committee constituted under sub-rule (2).
After the applicant in apprised of the decision of the Board, he will delete any portions (if so directed) and submit them to the re gional officer, along with one copy of the film as certified.
Before any order prejudicially affecting the app licant of a film is passed by the Board, he is given an opportunity to represent his views i n the matter.
If the matter goes in appeal under section 5C of the 1952 Act to the Film Certification Appellate Tribunal which is headed by a retired jud ge as chairman and not more than four other members, the FCAT may hear both the applicant and he CBFC before coming to its judgement.
Censorship Violations
As stated before the Central Board of Film Certi fication is responsible for certifying films for public exhibition. However, e nforcement of the penal provisions of the Cinematograph Act, 1952 is the State Governments/ U nion Territory Administrations, since exhibition of films is a State subject.
There are various forms of violations which ofte n go unchecked because there are no checks and no complaints from either t he law enforcement agencies or members of the public.
The following are the major violations that agit ate the minds of the public:
(a) exhibition of an “A” certificate film to a non-a dult.
(b) exhibition of an “S” certificate film to persons other than those for whom it is meant;
(c) exhibition of a film in a form other than the on e in which it was certified. Such violations are known as interpolat ions. Interpolations can be described as follows:
(i) re-insertion in prints of a film for exhibition those portions which were deleted by the Board before certificatio n of the film;
(ii) insertion in prints of a film portions which we re never shown to the Board for certification.
(iii) exhibition of ‘bits’ unconnected with the cert ified film.
(d) exhibition of a film which was refused a certifi cate (or ‘banned’ in common parlance)
(e) exhibition of uncensored films with forged certi ficates of other films.
(f) exhibition of films without censor certificates.
Film Posters
Another violation that has often come to light i s that the theatres often display obscene and indecent film posters. The 1952 Act do es not cover posters or film advertisements and these come under the common law of the land relating to obscenity, particularly section 292 of the Indian Penal code. Furthermore, this issue comes within the purview of the State Governments and Union Terr itory Administrations, particularly their law enforcing agencies including Police.
There are Central / State legislations that cove r this aspect. The Indecent Representation of Women (Prohibition) Act, 1986 is administered by the Department of Women and Child Development in the Ministry of Huma n Resource Development, but the responsibility of enforcement is, again, with t he local authorities. The West Bengal Government have enacted the “West Bengal (Compulsor y Censorship of Film Publicity Materials) Act, 1974” to deal with obscene and inde cent posters.
After discussions with the film industry represe ntatives, it was decided that the film industry would deal with this matter on it s own. Thus, the Film Publicity Screening Committee was formed with headquarters at Bombay and regional chapters at Bangalore, Hyderabad, Madras and Thiruvananthapu ram. The committee, which began its work in April 1990, screens film posters and other publicity material for obscenity and depiction of women in a derogatory m anner or highlighting violence.
The Ministry of Information and Broadcasting has decided to watch this situation for the time being to see if it works satisfactorily.
Government’s rights
Under section 5E of the 1952 Act, the Central G overnment can suspend a certificate granted to any film for a fixed period or even revo ke it if the film is being shown in a form other than the one in which it was certified. The applicant of the certificate will have a right to appeal / review of the order under section 5F.
Under section 6 of the 1952 Act, the Government has also revisional powers to deal with errant cases. According to this the Governmen t on its own can call for the record of proceeding of the CBFC with regard to any film and pass such orders as deemed fit which include suspension of the certificate granted to th e film or its revocation or alteration of certificate with or without further deletions or or dering further deletions.
Penalties and Violations
Offences with regard to violations of censorshi p provisions are cognizable. Furthermore, they are non-bailable.
Section 7 of the1952 Act provides that if there is violation of censorship provisions or if there are interpolations or tampering of certifi ed films or if non-certified films are exhibited, or where films meant for adult audience are shown t o non-adults or where an “S” certificate film is shown to persons other than those for whom it is meant, then penalties specified therein can be imposed. Penalty can also be impose d for failure to comply with section 6A which required that any person delivering a film to an exhibitor or a distributor will also give to him details of all cuts, certification, title, l ength and conditions of certification.
Under section 7, a person guilty of violation i s punishable with imprisonment for a term which may extend to three years, or with fine which may extend to Rs. 1 lakh or with both, and with a further fine upto Rs. 20,000/- for each day for a continuing offence.
Showing of video films which violate the rules in the manner prescribed in this section will attract imprisonment of not less than three months but which may extend to three years and a fine of not less than Rs. 20,000/ - but which may extend to Rs. 1 lakh and a further upto Rs. 20,000/- for each day for a cont inuing offence.
Furthermore, the trial court can direct that th e offending film be forfeited to the Government. Under section 7A, any police officer c an enter a hall where an offending film is being screened, search the premises and seized the print.
What the public should do
Under rule 30(3) of the Cinematograph (Certific ation) Rules, 1983 every cinema has to display prominently the certificate issued to th e film being shown as also the cuts or changes directed by the CBFC.
Therefore, whenever any person seeing a film fi nds any scene which he feels should have been permitted or which he suspects has been i nterpolated, he can compare that scene he has seen with the certificate and details of deletions displayed by the cinema owner.
If he finds that the film is violating any of t he certification conditions, he will have to bring it to the attention of the police, which can register a First Information Report under Section 7 of the 1952 Act.
After filing such a report, the police officer can immediately start investigating it and under the powers vested in him under section 7A, if he is prima facie satisfied that there has been violation, he can seize the print and take it to the CBFC for verification.
Since a copy of every film as certified and als o all the deleted portions have to be deposited with the CBFC at the time of certificatio n, the regional officer of the CBFC in the time of certification, the regional officer of the CBFC in the presence of a Special Executive Magistrate will examine the seized print with the c opy lying with CBFC. The Magistrate will then make his report, on the basis of which prosecu tion under section 7 can be launched after completion of formalities.
See also
Central Board of Film Certification: India
