Cuts-no cuts: A dilemma over CBFC's role

Latest evidence of Udta Punjab to innumerable movies got scissors pass over them by Central Board of Film Certification. It is the duty of CBFC to duly take care of anything inappropriate in the movies to be served to public. But the organisation has fallen into controversy over excessive cut offs done to many movies in recent times and Udta punjab the latest in that. How far CBFC is justified in excessive moral policing? That's a question to mull over.

Central Board of Film Certification (CBFC)  is a Statutory body under Ministry of Information and Broadcasting,  regulating the public exhibition of films under the provisions of the Cinematograph Act 1952. 

At present films are certified under 4 categories-

U- Unrestricted public exhibition.

UA- Unrestricted public exhibition but with a word of caution that parental discretion is required for children below 12 years.

A- Restricted to adults.

S- Restricted to any special class of persons.

Despite these categorisation heavy cut offs being made in movies. This has fired up a debate whether film making i.e. an art is getting requisite scope for expression. Indian government constituted two commission for considering this issue. First was Mukul Mudgal committee gave its report in 2013 but its recommendation were not considered worthy to thought over. And second was Shyam Benegal Committee 2016 of which much was expected but its report is also below par. Few important recommendations of Shyam Benegal Committee-

a) Focus shifted on certification in place of censorship.

b) Members of CBFC will be reduced to 9 from 25.

c) Two more categories will be increased i.e. one for minor and another for adults.

d) CBFC will no longer have power to suggest or make cuts in movies.

e) But CBFC will have absolute power in refusing to give certification to movies violating section 5B(1) of Cinematograph Act, 1952.

This report on one hand took power of making cuts from CBFC but at the very other hand brought this section 5B(1) to give absolute power to CBFC. What this section is? Lets have a look-

Section 5B(1) of Cinematograph Act, 1952 states ," A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interest of the sovereignty and integrity of India, the security of the state, friendly relations with the foreign states, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence" will be denied of the certification.

This section comprises broad categories like morality, decency, public order, sovereignty and integrity of nation which can put any movie under shadow of violation of this section.

What will be adverse effects of it?

a) It is clear violation of article 19(2) of expression under Indian constitution.

b) Movie making (an art) will face hurdles in its unhindered presentation.

c) Movies are mirrors of society hence they represent contemporary and historical aspects of society. If they are controlled by this moral policing then public will not have access to naked reality of many harsh elements of our society.

d) Development of film industry will not be as par Hollywood. Which gives maximum freedom to film makers.

But it is also cannot be denied that some elements of movies are harmful for society and they cannot be presented to maximum public considering their adverse effects on mentality of public. But for that we have categories to restrict people on the basis of content to age parameters. Hence such provisions should be applied which do not compromise with the social environment and also give maximum freedom to producers to present their art to public.