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ISSUE 8 ||January 2020 || www.whiteblacklegal.co.in ISSN: 2581-8503 VOLUME 1: ISSUE 8 ||January 2020 || Email: [email protected] Website: www.whiteblacklegal.co.in 1 www.whiteblacklegal.co.in ISSN: 2581-8503 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of White Black Legal – The Law Journal. The Editorial Team of White Black Legal holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of White Black Legal. Though all efforts are made to ensure the accuracy and correctness of the information published, White Black Legal shall not be responsible for any errors caused due to oversight or otherwise. 2 www.whiteblacklegal.co.in ISSN: 2581-8503 EDITORIAL TEAM EDITOR IN CHIEF Name - Mr. Varun Agrawal Consultant || SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9990670288 Email - [email protected] EDITOR Name - Mr. Anand Agrawal Consultant|| SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR (HONORARY) Name - Smt Surbhi Mittal Manager || PSU EDITOR(HONORARY) Name - Mr Praveen Mittal Consultant || United Health Group MNC EDITOR Name - Smt Sweety Jain Consultant||SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR Name - Mr. Siddharth Dhawan Core Team Member || Legal Education Awareness Foundation 3 www.whiteblacklegal.co.in ISSN: 2581-8503 ABOUT US WHITE BLACK LEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters. This platform shall also ignite the initiative and desire of young law students to contribute in the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before law makers, lawyers and the society at large, in the event of the ever changing social, economic and technological scenario. With this thought, we hereby present to you WHITE BLACK LEGAL: THE LAW JOURAL 4 www.whiteblacklegal.co.in ISSN: 2581-8503 Padmavati meets S… Durga – Who is the real censor board in India? By. Akhil Wilson Thomas ABSTRACT Article 19(1)(a) of the Constitution guarantees freedom of speech and expression which brings in to its contours, artistic liberties. Today, we have on one hand, vigorous debates and discussions on the over reach of censor board in curtailing the freedom of filmmakers and on the other, demands of the fringe to ban movies even before they reach the censor table. The paper explores the tale of two ladies, Padmavati and S… Durga against the backdrop of movie censorship. Padmavati, the Indian epic period drama film directed by Sanjay Leela Bansali has become controversial. The release of the film, initially scheduled for 1 December 2017, was postponed indefinitely in response to threats of violence on the ground that the film depicts factual inaccuracies, portraying the Rajput queen Padmavati in a bad light. Some sects insist that they should be allowed to evaluate the movie before it is released. But is it just, forcing Bansali to let his movie be subjected to the evaluation and approval of certain sects, not qualified in art and cinema and subsequently to the denial of clearance certificate from the Censor board? S… Durga may not be as mainstream as Padmavati but the fate is not much different. The original title of the movies was “Sexy Durga”, which of course is blasphemous in India, as Mr. M.F Hussain would vouch. The censor board granted provisional certificate on the condition that the name is revised to S… Durga. On second thoughts and probably external interferences, Censor board cancelled the provisional certificate.The conflicting stands taken by political parties and intellectuals in the recent Padmavati and S… Durga row, re-open the question of film censorship in India and the freedom of expression constitutionally granted to the people. Is censor board imposing too much restriction on their freedom? It is true that India being a wide and vast country with hundreds of cultures and traditions, even a small spark can turn into a big fire. How can a line of balance be drawn? It is natural that a difference of opinion should be there regarding the questions. The apex Court has tried to find out an answer to this through various judgments. The present paper attempts to go in to the crux of the matter and arrive at a conclusion. Introduction The greatest threat faced by today’s film makers is not to bring out a good movie but to make a movie that fits the standards set up by the censorship board .Each director when he submits his movie for certification has to hold his fingers crossed hoping to get his movie certified by 5 www.whiteblacklegal.co.in ISSN: 2581-8503 the censorship board .. There is not a year passing in our country without atleast a single movie getting banned and lump sum of movies getting censored. If its ‘lipstick under my burkha “ this year its udta Punjab the next year. The list keeps on growing .It is true that censorship has a great deal in preventing hate speech and conflicts in the society It keeps a check on the films to ensure that the sovereignty and integrity of the country is protected. This research paper tries to understand where censorship is required and on what conditions. The paper also talks about where the line should be drawn regarding the infringement of artistic freedom of in movies. Article 19(1) guarantees freedom speech and expression as a fundamental right to every citizen of the country. It allows an individual to attain self-fulfilment and acts as a democratic foundation permitting everyone to express their opinions and ideas. Freedom of speech and expression also includes expression through medias and literary works. A director or a writer is allowed to freely express his artistic ideas and opinions in any way he deems to do it but the freedom is limited by article 19(2) .In kanhaiya kumar v state of Delhi1 the defendant was held liable for using anti national slogans this harms the integrity of the country and hence violates article 19(2) .This cn be taken as a perfect example for limitations that are permitted to be put on a person’s freedom of speech and expression. Taking this into the framework of movies the power to lay such restrictions is assumed to the censorship board but the extent of such limitations has not been clearly stated and this ambiguity leads to miscarriage of law and justice. This paper tries to analyse certain provisions of the cinematograph act of 1952 that deals with the power of censor board in laying restrictions and the role of the central government in it The cinematographic act of 1952 The act was setup to ensure that movies accomplish the standards prescribed by law. The provisions of the act establishes a regulatory body called central board of film certification that assign movies with different certificates before it goes for public exhibition as a warning for the audience regarding the contents of the movie the powers of the board includes • Granting the film with a clean certificate and sanction it for public exhibition • Restricting the audience of a movie to adults or to some category of people based on the characteristics of a movie • Directing modifications and removals in the movie before granting a certificate 1 kanhaiya kumar v state of Delhi; W.P.(CRL).No. 558 of 2016 , Crl.M.A. Nos. 3237 of 2016 & 3262 of 2016 6 www.whiteblacklegal.co.in ISSN: 2581-8503 • Preventing the exhibition of a movie completely The section 5B and section 6 of the act gives the central government enough powers to interfere into the matters of the censorship board and grant directions regarding censoring and certification of the movies. In the light of section 6 the Central Government may, by notification in the Official Gazette, can direct a movie to be uncertified and not permissible to be exhibited in the whole of India or any part in India even if it was granted a clean “U” certificate by the censorship board. The involvement of the central government could at times be arbitrary and can lead to miscarriage of justice, an example to point out can be ‘Aandhi’ a political drama movie which was released in 1975. The female oriented movie was portrayed by suchitra sen as the lead protagonist .The main character of the movie had remarkable similarities with Indira Gandhi like her style of dressing ,the silver streak of hair ,the style of walking ,all were akin to the then prime minister Indhira Gandhi this resulted in ban of the movie but later in 1977 when Indhira Gandhi lost the elections the ban on the movie was lifted up and was even telecasted on dhoordarshan. This is perfect example of how the involvement of central government can be an imminent threat to miscarriage of justice and curbing the freedom of speech and expression according to whims and fancies of the ruling party. They try to polish what the spectators see based on their interests and desires. The same goes for the censoring powers of the censorship boards which most of the times become arbitrary and unreasonable. In ka abbas vs union of India2 the court was granted an opportunity to look into the matters of freedom of speech an expression beyond the framework of newspapers and magazines for the first time. The petitioner who was an award winning film producer was not granted permission to telecast his documentary, “The tale of four cities” because it had a few scenes from the Bombay red light street.
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