Author- Ayusha, Student of B A. LL.B. (HONS.) 9TH SEMESTER, G.H.G. INSTITUTE OF LAW, LUDHIANA
INTRODUCTION
It were the Britishers who introduced the films in India for their entertainment purposes ,Then with the passage of time Indians too began to make films .Now many of the films that were made used to contain explicit content that could excite violence in the country, and in that Era against the British Raj so,to censor the films and to ensure that each and every film was made met the checks put up by the Britishers -Cinematograph Act,1918 was introduced, which remained in force till 1952,and after India began independent this Act was amended to meet the requirements of a new and independent India ,The Cinematograph Act,1952 was passed.
PURPOSE
To ensure that all the films that are made for public exhibition are certified & reviewed once and is ensured that all the films that are exhibited do not contain anything against the Nation, the emblems of national importance, against the international relations ,that may excite public violence, anything against any religion , caste groups ,females,their modesty ,human trafficking,it must not contain anything that may spread the trends of smoking ,drugs ,alcohol etc.
[ Guidelines of or Certification of films],[S5B]
Sec 3 Creation of Board of film Certification
main purpose of Sanctioning films and their content before exhibition for General Public.
Not less than 12 and not more than 25 members out of which one will be the Chairman
Whose Salary to be determined by Central Government
Sec 5 Advisory Panel
To enable the Board Of the film Certification for a perfect functioning Advisory Panels at regional Centres.
It should contain those people that the Central Government may deemfit that are able to Censor and review the films.
They are curated for the purpose to aid and advise the Central Government regarding any film for which the Central Government may seek it’s advise for
They shall not receive any Salary but may revive such allowance that Central Government may prescribe.
Sec 5D provide for Constitution of Appellate Tribunals which is omitted by Tribunals Reform Act ,2021.
Sec 5 E -Suspension of Certificate or it’s Revocation Central Government may suspend the Certificate granted to any film on the grounds.
- The film in respect of which the certificate is granted is exhibited for any other film other than what was certified.
- The film or any part of the film is being exhibited, which is against the Provisions & Guidelines laid by this Act.
Sec5F Review of orders by Central Government
Where an applicant feels aggrieved by any order granted by Central Government under
Sec5E ,Then he may within the stipulated period of 60 days may an application to the Central Government to review it’s order.
Provided that ,if the Central Government feels satisfied that the person aggrieved because of the reason specified and proved ,that he was unable to reach the Central Government for the review of the order within 60 days may only by its discretion allow the Application of Review.
Now Central Government on the receipt of such Application, may provide the aggrieved person a reasonable opportunity of being heard & then makes a further inquiry in the matter & only after making that inquiry, the Central Government may decide to confirm, modify or reverse it’s decision regarding the prior order passed.
Sec 6 Revisional Powers of Central Government.
The Central Government haste power to call for the record of any film which is pending before it for Certification [at the stage] ,conduct inquiry ,provide opportunity of being heard & decide the matter in case of a film already been certified, call for all its records,docs —-inquiry— opportunity of being heard —pass any Revisional order.
Now ,Central Government has to pass that order in conformity of this Act and such order must be complied to.
Provided that any order passed by Central Government must not harm or Negativity affect the person who’s film decision has been taken by Central Government.
Orders are passed related to certification i.e., U,U/A,A.S etc.
Sec 7 B Delegation of powers by Board.
Central Government by any General or special order,can direct or delegate any power of the Board to any Regional Tribunal ,any chairperson or it’s members to act on behalf of the Board [ in the manners specified]
Central Government may by orders [ subject to conditions & Restrictions] authorities regional officer to issue tentative/ provisional Certificates.
Sec 7 C Power to direct for exhibition of film for examination. The Central Government, the H C or the Board may order the owner of the film to exhibit that film for it’s Review ,Certification & order them to comply with the procedures mentioned in the Act.
Sec 7F Bar to legal proceedings
The Central Government, the Board ,Advisory Panels etc enjoy immunity from any and every legal action or proceeding to be issued against them for their acts that are done in good faith ,in Compliance to the Provisions of this Act.
Sec 8 Power to make Rules.
The Central Government is empowered to make and pass any Rule (under the act) to bring any provision of this Act into effect.
Central Government can make Rules Regarding-
- Allowances or fees payable to members of Board/ adv Panel
- To set up the terms & conditions of service of Members of Board.
- The process regarding manner of making an Application to Board for Certification, manners of examination of film by Board & fees.
- The manner of Consultation by Board from Advisory Panel.
- Marking of films
- The Conditions ( relating to length of films or class of films) subject to which any Certificate is granted or Circumstances on which it may be refused.
- Any matter which is required or to be prescribed
- Any Rule made by Central Government that relates to General Procedure followed in Lok Sabha and Rajya Sabha Meetings.
Sec 9 Power to Exempt
The Central Government may by order in writing exempt, subject to such conditions & restrictions, if any ,any imposition ,any order for exhibition of film or class from any provision under this Act.
Rule 3 A Representation of women In Board
As Central Government has to make a Central Board of film Certification Central Government had to ensure representation of women.
CONCLUSION
The Cinematograph Act of 1952 has been a cornerstone of the Indian government’s regulation of the film industry. The act grants the central government broad powers, including the authority to censor films, issue licenses to industry players, and enforce rules governing production, distribution, and exhibition. This level of state control reflects the government’s view of cinema as a powerful medium that must be closely monitored to uphold public morality and national interests. While the act has faced some criticism over the years, it continues to shape the landscape of the Indian film industry, balancing artistic expression with the state’s vision for the sector.
FAQs
- How Cinematograph Act has impacted the creative freedom of Indian filmmakers?
The Cinematograph Act’s censorship provisions and the central government’s regulatory powers have significantly constrained the creative freedom of Indian filmmakers. Filmmakers must navigate approval processes and content restrictions, limiting their ability to explore controversial topics or present unfiltered artistic visions. This has led to self-censorship and a tendency towards safer, more mainstream content in the Indian film industry.
- What are the specific examples of flimsy that have faced censorship under Cinematograph Act?
The Cinematograph Act has led to the censorship of several films that broached sensitive political, social, or moral themes. Examples include Deepa Mehta’s “Fire” for its lesbian storyline, Aamir Khan’s “PK” for its critique of religious practices, and Udta Punjab for its depiction of drug abuse. These films faced cuts, delays, or outright bans, highlighting the act’s potential to stifle artistic expression deemed unsuitable by the authorities.
- How Cinematograph Act can be compared to censorship laws in other countries?
Compared to censorship laws in other countries, the Cinematograph Act stands out for its sweeping powers granted to the central government. While many nations have film rating systems or limited content restrictions, the Indian law empowers authorities to extensively review and censor films before public exhibition. This level of state control over creative expression is less common in democracies with stronger protections for artistic freedom.
