Censorship of Films in India

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CENSORSHIP OF FILMS IN INDIA

Prepared by-
Vipul Raj 15BME1065
21/02/2018
CENSORSHIP MEANING:-

 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 GOVERNMENT:-

 The objective of film certification is to be that:-


 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.
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.
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.

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