DNA Exclusive: New bill lets govt take over Censor Board

While the Central Board of Film Certification (CBFC) courts controversy over beeping out of four words in Suman Ghosh's documentary on Amartya Sen, the new cinematograph bill may empower the government to take over the certification body under special circumstances.

On Wednesday, the Kolkata regional office of CBFC asked Ghosh to mute the words 'Gujarat', 'Cow', 'Hindutva view of India' and 'Hindu India' in the documentary 'The Argumentative Indian', which he has refused to implement.

A new provision in the draft of Cinematograph bill — which would replace the Cinematograph Act of 1952 — will allow the central government to take control of the CBFC for a certain period under special if it feels that prevailing "circumstances" are making it necessary to do so in "public interest".

However, the bill does not elaborate the nature of the circumstances or public interest, leaving it open to interpretation.

As per the draft bill, the government can take control of the CBFC by putting out a notification in the official gazette. The provision also allows the government to extend this period or reconstitute the board.

Under section 6(1) of the earlier Cinematograph Act of 1952, the government only had revisional powers over the decisions of the Board or the Tribunal. However, a Supreme Court judgement in 2000 called the section unconstitutional.

The draft bill — on which the Information and Broadcasting (I&B) Ministry is holding consultations with stakeholders — has also taken away the CBFC's power to suggest cuts or modifications to a film before certifying it. It has also added a new 'Adult with Caution' category. Both these provisions featured in the 2016 recommendations of the Shyam Benegal committee for the revamp of CBFC.

The CBFC will, however, retain the power of denying certification to a film if it contravenes a section of the Cinematograph bill which is based on article 19 (2) of the Indian constitution, dealing with interests of (the sovereignty and integrity of India) the security of the State, friendly relations with foreign States, public order, decency or morality, defamation or contempt of court or inciting commission of any offence.

"The current cinematograph act entitles the CBFC to suggest cuts or modifications before certifying a film," said an official, "but the new provisions will give the filmmaker the freedom to decide on the cuts he wants to make if the CBFC refuses to certify it or denies it a specific category."

Delhi-based media lawyer Divvya Kesaar says the bill clips the CBFC's wings and could also affect its autonomy. "Certain provisions in the proposed bill such as the power to supersede the board and also the power to take a suo moto decision to suspend exhibition of a film are a matter of concern," she said.

Filmmakers, too, are not sure whether the new bill will address their concerns.

Filmmaker Pankaj Butalia whose documentary 'Textures of Loss on the Kashmir' turmoil has been stuck in Delhi High Court said that nothing will change if the CBFC continues to exercise the power of not clearing films at all. "Without a set of Supreme Court-offered interpretations on the section based on article 19(2), all films on subjects such as war and riots will be left to CBFC's interpretations. The Benegal committee should have mentioned that in the report," he said.

In such a case, there would be further confusion and harassment to filmmakers if the CBFC refuses to certify a film without offering any explanation, leaving them at their wits' end to figure out the reason.

"The new provision of the bill of allowing the central government to take over the CBFC will only ensure a stricter government control over films," he said.