Black’s Law Dictionary defines censorship as “the restrictions on publication and the presentation of books, plays, films etc to the public.” Cinema, with its wide reach and deep impact on society needs at times checks so that it has positive outcomes.
The first attempt of codifying laws regulating cinema was done in 1918 by the Indian Cinematograph Act that came into effect in 1920, seven years after the production of India’s first film, Dadasaheb Phalke’s Raja Harishchandra, which created censor boards under the police chiefs of several cities of undivided India viz Madras, Bombay, Calcutta, Lahore, and Rangoon. After independence of India, these regional censor boards were absorbed into the Bombay Board of Film Censors (BBFC).
Later on, the Cinematograph Act of 1952 (the Act) reorganised the BBFC into the Central Board of Film Censors. Further the Cinematograph (Certification) Rules 1983 (the Rules) renamed it as the Central Board of Film Certification (the Board).
The Act establishes requirements for certification of cinematograph films for display and for the control of cinematograph-based exhibits and states that a film won’t be certified if any part of the film is:
- against India’s sovereignty and integrity,
- against the State’s security,
- against friendly relations with foreign nations,
- against public order,
- against decency,
- involves defamation or contempt of court,
- likely to incite the commission of any offence.
How are Films certified?
The Act clearly mandates that any film seeking a public screening in India is requires prior certification of the Board. Every application to certify a film for public exhibition shall be made in writing and addressed to the Board along with prescribed fee and delivered to the regional officer concerned.
Presently, the Board grants four certificates.
U certification is for unrestricted public screening. These movies may cover universal subjects like family, education, drama, romance, science fiction, action, etc. These movies might also have a little light violence, but it shouldn’t last for too long. Additionally, it might have very light sexual scenes (without any traces of nudity or sexual detail).
U/A Certification is for unrestricted public screening but with a word of caution that discretion required for children below 12 years. These movies have mild to strong conflict, mild sexual content (with hints of nudity and mild sexual detail), terrifying scenes, or subdued abusive language.
A Certification is for restricted to adults. Anyone aged 18 years and above may see these films. These movies may have graphic violence, suggestive content, and degrading language, but nudity and insults to women or any other social class are not permitted. Some contentious and mature themes are deemed inappropriate for young viewers.
These movies frequently receive new V/U and V/UA certifications for TV and video viewership, which does not occur with U and U/A certified films.
S Certification is for restricted to special class of persons. Movies that are not for the general public. Only those connected to it (engineers, physicians, researchers, etc.) are permitted to view.
Vision & Organisational Structure of CBFC
In conformity with the provisions of the Act and the Rules, the vision of the Board is to guarantee enjoyable and healthy entertainment. In the landmark case of S. Rangarajan v. P. Jagjivan Ram [1989 SCR (2) 204], the Supreme Court observed that “Movie motivates thought and action and assures a high degree of attention and retention. In view of the scientific improvements in photography and production the present movie is a powerful means of communication. It has a unique capacity to disturb and arouse feelings. It has as much potential for evil as it has for good. It has an equal potential to instill or cultivate violent or good behaviour. With these qualities and since it caters for mass audience who are generally not selective about what they watch, the movie cannot be equated with other modes of communication. It cannot be allowed to function in a free market place just as does the newspapers and magazines. Censorship by prior restraint is, therefore, not only desirable but also necessary.”
Censorship and certification, thus go hand in hand.
The Board is headed by a Chairman with no less than 12 and more than 25 additional members who have been chosen by the Central Government. The Central Government is required to appoint women members too so that there is due representation for women in the CBFC. Their appointment is for a term of three years with a scope of re-appointment. Members are appointment from various spheres of society, including social sciences, law, education, the arts, cinema, and so forth. Currently, the Board has nine regional offices located at Mumbai, Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack and Guwahati.
Film Certification Appellate TribunalThe Ministry of Information & Broadcasting developed the Film Certification Appellate Tribunal (FCAT) as a regulatory board in accordance with Section 5(D) of the Act. It stated that anyone, aggrieved with the Board’s decision and wanted a re-examination can appeal within 30 days of such decision, to the FCAT. However, the Tribunals Reforms (Rationalisation and Conditions Of Service) Ordinance, 2021, which came into effect on 4th April 2021 abolished the FCAT and now any aggrieved party wanted to appeal the Board’s order has to approach the High Courts.