THE INDIAN LAW INSTITUTE
LL.M. (Two Year Course)
Wednesday Seminar VI
(15.09.10)
(10.00am - 12.15 pm)
The Cinematograph Bill, 2010[1]
Moderator : Amandeep Kaur Sandhu
Presenter : Kamlesh Kumar
Discussants : Apoorva K.Sharma & Bhanwar A. Zadon
Rapporteur : Anshu Singhal
I. Background
THE CINEMATOGRAPH ACT, 1952[2] had been enacted, about six decades ago, to regulate the exhibition of the cinematograph films and licensing of places where such films shall be exhibited. The civil society has been advocating a change in the Act for a long time, so as to make it in tune with the contemporary times. There have been voices for and against liberalizing the censorship regime in India. It is, therefore, proposed to introduce this Bill in order to make the process of certification in tune with the changed times and also, to make it an effective tool in combating piracy. This Bill is yet to be introduced in the Parliament.
II. Overview of the Bill
The Preamble of the Bill states that the Bill seeks to make provisions for the sanctioning of cinematograph films for exhibition and for regulating exhibition by means of cinematographs and for matters connected therewith or incidental thereto. The Bill provides for the constitution of the Central Board for Film Certification[3] for the purpose of sanctioning films for certification.[4] The Board shall be guided by the principles of natural justice for sanctioning of films for public exhibition.[5] In this Bill, the term exhibition means display of a cinematograph film to persons not directly connected with the production, distribution, promotion or certification of that film.[6] The Bill introduces new categories of certification that are “12+”and “15+”[7], and does away with the “U/A” certification available under the Act. For certification examination of the film is conducted by the Board and after examining or having the film examined in the prescribed manner the Board may sanction the film for exhibition; or direct the applicant to carry out such excisions or modifications in the film as it thinks necessary before sanctioning the film for exhibition; or refuse to sanction the film for exhibition.[8] A film shall not be sanctioned for 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 relation 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.[9]Where the applicant for a certificate in respect of a film is aggrieved by any order of the Board he/she may, within a period of thirty days from the date of such order, prefer an appeal to the Tribunal.[10]
III. Issues
Inspite of providing for multiple certifications for sanctioning films, do you think that provision for censorship is still the need of the day?
Do you think that the distinction should be made between public and private exhibition and only public exhibition should be brought within the purview of the provisions of the Bill? Is there a need of special treatment for documentary films in the process of certification?
Whether the provisions of the Bill propose to bring about substantive changes to bring the process of certification in tune with the changed time.[11]
Suggested Readings: -
1. Anjali Monteiro and K.P. Jayashankar, “A New Pair of Scissors: The Draft Cinematograph Bill 2010”, 45 (29) EPW 19 (2010).
Ranjit D Udeshi v. State of Maharashtra, AIR 1965 SC 881.
Ajay Goswami v. UOI & Others, AIR 2007 SC 493.
Director General,Directorate General of Doordarshan & Others v. Anand Patwardhan and Another, 2006(8) SCC 433.
Annual Report, 2009 on Film Censorship by Central Board of Film Certification, available at www.cbfcindia.gov.in.
[1] Hereinafter “Bill”, available at www.mib.nic.in.
[2] Act No. 37 of 1952. Hereinafter “Act” available at www.mib.nic.in.
[3] Hereinafter the Board.
[4] Cl. 4(1).
[5] Cl. 5(1).
[6] Cl. 2(f).
[7] Cl. 8.
[8] Cl. 6.
[9] Cl. 9.
[10] Cl. 10.
[11] This needs to be discussed in the light of the provisions of the Act, 1952.
